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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


JERTRAN*  SMITHS 
BOOK  STORE 

*ACR€8  OF  BOOKS" 
•  33  MAIN  ST# 
aNCINNATI.  OHtft.    A 


4<Xe^oc 


AN  INTRODUCTION  TO  THE  STUDY  OF 
ORGANIZED  LABOR  IN  AMERICA 


THE  MACMILLAN  COMPANY 

NEW  YORK  •   BOSTON   •   CHICAGO    •  DALLAS 
ATLANTA   •   SAN  FRANCISCO 

MACMILLAN  &  CO.,  Limited 

LONDON    •  BOMBAY   •  CALCUTTA 
MELBOURNE 

THE  MACMILLAN  CO.  OF  CANADA,  Ltd. 

TORONTO 


AN  INTRODUCTION  TO 

THE  STUDY  OF  ORGANIZED 
LABOR  IN  AMERICA 


BY 
GEORGE  GORHAM  GROAT,  Ph.D. 

PROFESSOR  OF  ECONOMICS,  UNIVERSITY  OF  VERMONT;  AUTHOR  OF 

"TRADE    UNIONS    AND    THE    LAW    IN    NEW    YORK,"    AND 

"  ATTITUDE  OF  AMERICAN  COURTS  IN  LABOR  CASES  " 


Nwa    fork 

THE  MACMILLAN  COMPANY 

1917 

All  rights  reserved 


Copyright,  1916, 
By  THE  MACMILLAN  COMPANY. 


Set  up  and  electrotyped.     Published  June,  1916.     Reprinted 
February,  191 7. 


Norfooorj  $«bb: 
Berwick  &  Smith  Co.,  Norwood,  Mass.,  U.S.A. 


PREFACE 

The  study  of  labor  organization  here  presented  is  offered  in 
the  hope  that  it  will  encourage  a  more  general  interest  in  the 
subject.  That  the  problems  of  labor  constitute  one  of  the  most 
serious  issues  of  our  industrial  and  social  life  is  a  contention 
that  needs  no  arguing.  It  is  perhaps  less  generally  recognized 
that  these  problems  center  in  labor  organizations.  It  is  assumed 
that  the  American  labor  problem  is  the  problem  of  organized 
labor;  that  American  unions  are  the  embodiment  of  the  aggres- 
siveness, the  restlessness,  the  hopes,  the  fears  and  the  ideals 
of  American  laborers.  In  accordance  with  this  assumption 
the  accompanying  study  has  been  limited  to  organizations  of 
laborers. 

That  there  is  need  of  a  more  thorough  understanding  of  these 
associations  is  quite  evident.  The  multiplication  of  courses 
in  colleges  and  universities,  the  increase  of  books,  the  abundance 
of  discussion  in  periodical  literature  all  attest  a  growing  interest. 
The  confusion  of  essentials  and  the  emphasis  of  non-essentials 
in  much  of  the  writings  and  public  discussion  show  a  need  for 
more  systematic  study.  It  is  to  meet  such  a  need  and  to  en- 
courage such  a  study  that  this  book  is  offered. 

It  is  an  Introduction  to  such  a  study.  It  does  not  aim  to 
say  the  last  word  on  any  topic.  Any  finality  would  be  fatal  to 
the  purpose.    It  hopes  to  start  and  not  to  conclude  such  study. 

It  is  a  Study  of  these  associations.  Its  aim  is  to  promote 
discussion  —  to  promote  difference  of  opinion  if  need  be;  for 
there  are  issues  about  which  intelligent  differences  of  opinion 
must  and  should  exist. 

With  this  end  in  view  representative  opinions  have  been 
introduced  on  various  sides  of  the  questions.  The  desire  has 
been  to  present  these  conflicting  opinions  as  frankly  and  fully 
as  space  would  allow.  Of  course  the  author  accepts  no  responsi- 
bility for  the  views  thus  presented.  Nor  does  he  ask  the  reader 
to  accept  his  own  views  unless  they  appear  reasonable.    Since 


vi  PREFACE 

it  has  not  been  the  author's  purpose  primarily  to  present  his 
own  views,  they  have  not  been  given  any  special  prominence. 
They  must  come  into  prominence  only  as  they  are  borne  up 
by  reason  and  fact. 

Much  difficulty  has  been  encountered  in  selecting  material. 
The  supply  has  been  so  overwhelming  and  the  space  so  rela- 
tively limited  that  heroic  measures  were  necessary.  The  se- 
lection may  or  may  not  appear  as  the  best.  Doubtless  many  will 
think  of  things  that  might  have  been  introduced  in  place  of 
some  that  do  appear.  The  choice  has  involved  standards,  and 
as  no  generally  accepted  standards  exist,  the  basis  has  had  to 
be  personal  choice.  While  much  of  the  material  that  has  been 
used  is  transient  and  might  not  have  been  used  a  year  later, 
it  none  the  less  illustrates  the  principle  involved  and  so  serves 
its  purpose.  It  will  be  for  the  student  to  substitute  new  mate- 
rial for  himself  as  new  situations  develop.  By  the  time  these 
pages  reach  the  public,  some  of  the  facts  stated  may  not  be  true. 
That  is  of  course  inevitable  in  dealing  with  such  a  subject. 
It  is  believed,  however,  that  the  facts  were  substantially  true  at 
the  time  of  writing. 

It  may  appear  to  some  that  undue  emphasis  has  been  placed 
upon  a  side  favorable  to  the  unions,  that  not  enough  has 
been  said  in  criticism  of  them  and  in  favor  of  the  employers. 
The  author  must  not  be  understood  as  urging  a  thick-and-thin 
support  of  unions,  regardless  of  what  they  do.  He  believes 
that  they  have  a  heavy  responsibility  and  shares  with  many  a 
doubt  as  to  the  fullness  with  which  they  meet  such  obligation. 
He  further  believes,  however,  that  in  public  discussion  generally 
the  unions  do  not  get  a  fair  and  understanding  hearing.  There 
is  no  danger  at  present  of  their  cause  being  presented  too  fa- 
vorably or  of  readers  being  too  much  prejudiced  in  their  favor. 
Were  this  not  so,  this  study  might  be  open  to  the  charge  of 
laying  too  much  emphasis  on  the  favorable  side  of  unionism. 
Under  the  circumstances,  with  the  sources  of  information  that 
are  most  easily  accessible  to  students  and  readers,  it  is  not 
believed  that  any  favorable  emphasis  made  in  these  pages  will 
pass  entirely  unchallenged  by  ideas  and  impressions  with  which 
the  reader  will  already  be  abundantly  supplied. 

The  main  divisions  into  which  the  study  falls  appear  to  be 
quite  natural.    The  first  part  should  not  be  understood  to  be 


PREFACE  vii 

in  any  sense  a  history  of  the  organized  labor  movement.  The 
struggles  of  the  past,  however,  have  left  so  deep  an  impression 
upon  the  unionists  of  to-day  that  it  is  quite  impossible  to  under- 
stand their  spirit  apart  from  the  trials  of  earlier  days.  The 
union  man  may  not  be  an  historian,  but  he  knows  the  important 
experiences  of  the  past  so  far  as  his  class  is  concerned. 

It  is  believed  that  there  is  a  lack  of  clear  understanding  as 
to  the  extent  to  which  organization  has  been  carried.  Many 
are  surprised  upon  first  learning  of  so  complete  and  so  intensely 
practical  an  organization  and  interrelation  of  the  parts  of  the 
movement.  For  this  reason  a  description  has  been  attempted 
that  will  cover  the  essential  points  and  bring  into  prominence 
the  elements  that  reveal  the  character  and  working  of  the 
structure  of  the  associations. 

The  field  from  which  supplementary  material  may  be  gathered 
is  so  wide,  the  material  itself  is  so  varied  in  value  and  much  of 
it  is  so  transient  that  no  attempt  has  been  made  to  include  any 
comprehensive  list  of  references.  In  a  separate  section  will 
be  found  suggestions  for  further  readings  along  the  lines  treated 
in  the  several  chapters. 

It  may  seem  to  some  that  more  references  should  have  been 
given  in  the  text  and  that  footnotes  should  have  been  used 
more  extensively.  The  author  has  thought  best  to  keep  the 
pages  of  an  Introductory  Study  free  from  the  interruptions 
of  such  references.  In  all  cases  where  authorities  could  be 
definitely  stated,  they  are  named  in  the  body  of  the  text.  It 
is  not  assumed  that  the  material  is  so  new  or  unusual  that 
critics  will  wish  to  verify  it.  Moreover,  the  sources  are  so  widely 
scattered  and  many  of  them  so  transient  that  they  are  not 
ordinarily  available. 

The  author's  incentive  for  getting  together  the  material  has 
come  from  a  variety  of  sources  —  college  instructors,  employers, 
labor  leaders,  warm  friends  and  warmer  enemies  of  the  labor 
movement.  To  the  active-minded  students  in  his  classes  who 
have  tried  to  get  at  the  truth  and  the  right  of  things  and  to 
form  a  habit  of  open  and  fair  mindedness  the  author  is  more 
indebted  than  he  can  tell. 

George  Gorham  Groat. 

Burlington,  Vermont, 
April,  igi6. 


TABLE  OF  CONTENTS 

PAGE 

Introduction ix 

Suggestions  for  Further  Readings xii 

PART  I 
The  Background 

CHAPTER 

I.  Beginnings  in  England 3 

II.  Beginnings  in  America 19 

III.  Wage  Theories 45 

IV.  Modern  Industrialism 58 

PART  II 

The  Structure 

V.  The  Knights  of  Labor 73 

VI.  The  American  Federation  of  Labor 82 

VII.  The  American  Trade  Union 100 

VIII.  Trade  Union  Statistics 120 

LX.  Women  and  Unionism 13S 

PART  III 

Collective  Bargaining    v 

X.  The  Strike 159 

XL  The  Strike  (Continued) 188 

XII.  Arbitration 204 

XIII.  Arbitration  (Continued) 220 

XIV.  The  Boycott 239 

XV.  The  Boycott  (Continued) 252 

XVI.  The  Closed  Shop 267 

XVII.  The  Closed  Shop  (Continued) 286 

ix 


X  TABLE  OF  CONTENTS 

PAGE 

XVIII.  The  Trade  Agreement 301 

XIX.  Restriction  of  Membership  and  Output 318 

XX.  Trade-Union  Benefits 329 

PART  IV 

Political  Activity 

XXI.  Legislative  Methods 343 

XXII.  Labor  Legislation 359 

XXIII.  Political  Labor  Party 367 

XXIV.  Legislation  Versus  Collective  Bargaining 376 

PART  V 

Transitional  Stages 

XXV.  Trade-Union  Jurisdiction 391 

XXVI.  Industrial  Unionism 408 

XXVII.  Revolutionary  Industrial  Unionism 426 

XXVIII.  Revolutionary  Industrial  Unionism  (Continued) 439 

PART  VI 

Conclusion 

XXIX.  Unionism 455 

XXX.  Unionism  (Continued) 474 


INTRODUCTION 

"This  that  they  call  the  organization  of  labor  is  the  universal  vital 
problem  of  the  world."  —  Carlyle. 

"Do  not  let  anyone  mislead  you  into  the  belief  that  the  day  of  the 
union  is  over.  It  is  not  over.  It  is  the  very  foundation  upon  which 
the  whole  superstructure  of  individual  liberty  will  one  day  be  reared." 
—  Kier  Hardy. 

"The  labor  movement  is  the  labor  question,  and  the  labor  question, 
concretely  stated,  is  the  effort  of  wage-workers  to  secure  a  higher 
standard  of  living.  It  is  their  struggle  upward.  How  to  secure  the 
ends  for  which  the  struggle  is  instituted  is  probably  the  great  ques- 
tion of  the  day."  —  Carroll  D.  Wright. 

"A  long  study  of  the  history  of  labor  has  convinced  me  that  trade 
unions  are  not  only  the  best  friends  of  the  workmen,  but  the  best 
agency  for  the  employer  and  the  public,  and  that  to  the  extension 
of  these  associations  political  economists  and  statesmen  must  look 
for  the  solution  of  some  among  the  most  pressing  and  the  most  diffi- 
cult problems  of  our  own  time."  —  Thorold  Rogers. 

Motto:  "I  am  not  defending;  much  less  denying;  I  am  explaining." 

Any  study  of  organized  labor  must  recognize  at  the  outset  two 
serious  difficulties.  The  first  grows  out  of  the  very  large  number 
of  activities  to  be  taken  into  account  and  the  necessary  limita- 
tion of  space  that  is  imposed  by  a  written  description.  This 
necessitates  selection  and  rejection.  To  make  these  choices 
some  standards  must  be  adopted  and  standards  are  very  largely 
matters  of  personal  judgment.  What  to  include  and  what  to 
omit  is  quite  as  difficult  to  decide  as  it  is  to  determine  how  to 
deal  with  the  topics  selected. 

The  second  difficulty  grows  out  of  the  fact  that  these  organiza- 
tions are  living,  acting  and  therefore  changing.  This  fact  greatly 
increases  the  burden  of  an  undertaking  that  would,  even  other- 
wise, be  far  from  easy.  Changes  at  times  are  rapid  as  well  as  un- 
expected.    Many  are  trivial,  of  secondary  importance  only; 

xi 


xii  INTRODUCTION 

while  some  are  of  prime  significance.  Because  of  this,  any  de- 
scription must  soon  become  out  of  date  as  far  as  details  are  con- 
cerned. It  is  believed,  however,  that  there  are  some  principles 
that  are  relatively  abiding;  that  there  are  some  elements  that 
are  permanent  enough  as  well  as  significant  enough  to  warrant 
an  effort  to  reduce  them  to  a  more  concrete  expression  through 
detailed  description.  The  details  will  change,  possibly  before 
these  pages  find  their  way  to  the  reader;  yet  the  principles  cannot 
change  quite  so  soon.  The  details,  believed  to  be  accurate  at  the 
time  of  writing,  may  serve  to  give  life  and  reality  to  the  more  fun- 
damental elements. 

To  those  who  follow  through  the  pages  of  this  book  some  in- 
troductory explanation  may  be  helpful.  It  has  been  the  writer's 
purpose  to  assist  the  reader  in  gaining  a  comprehension  of  what 
the  organized  labor  movement  is.  It  is  with  this  aim  in  mind 
that  the  material  has  been  arranged. 

The  movement  should  first  be  seen  against  its  background, 
giving  at  the  same  time  a  sense  of  historical  perspective  and  an 
industrial  setting  in  current  business  organization.  Both  of 
these  are  essential  to  enable  one  to  catch  the  spirit  that  animates 
this  movement. 

That  the  spirit  must  be  embodied  in  some  concrete  form  is  of 
course  evident.  Yet  these  forms  of  organization  are  not  so  well 
understood  as  they  should  be.  The  perfection  and  detail  of 
organization  is  often  overlooked  or  given  but  slight  attention. 
For  this  reason  a  description  of  current  forms  of  association  as 
types  has  been  given  somewhat  in  detail.  It  is  hoped  that  the 
description  is  sufficiently  concrete,  and  no  more  than  sufficiently 
so,  to  present  a  picture  of  the  organs  through  which  union  pur- 
poses are  sought  to  be  realized. 

By  far  the  most  important  phases  are  the  activities  them- 
selves. Here  the  process  of  selection  and  rejection  has  of  neces- 
sity been  most  extensively  applied.  Of  the  many  lines  of  in- 
terest that  have  engaged  the  attention  of  the  unions  and  led  to 
action,  those  that  have  seemed  most  important  in  themselves 
and  best  illustrative  of  the  spirit  and  purposes  of  unionism  have 
been  included.  It  is  a  matter  of  regret  that  others  could  not  be 
added  to  the  list  here  chosen.  The  division  of  these  activities, 
as  it  will  appear,  seems  to  fall  quite  naturally  into  two  parts: 
industrial  and  political.    If  more  space  had  been  allowed  for 


INTRODUCTION  xiii 

describing  the  benefit  and  insurance  features  it  would  have  been 
quite  justifiable  to  put  this  description  into  a  third  separate 
division.  As  the  topic  has  been  treated  with  relative  brevity,  it 
has  been  thought  best  to  include  it  as  a  part  of  industrial  activity, 
or  a  phase  of  collective  bargaining. 

By  no  means  would  any  discussion  be  in  the  least  adequate 
that  did  not  take  account  of  transitional  movements.  That 
these  are  present  no  one  will  doubt.  Toward  what  they  may  be 
leading  cannot  with  any  certainty  be  predicted. 

Doubtless  the  study  will  appear  to  some  as  all  too  limited  in 
its  scope.  Of  such  an  objection  the  author  has  already  expressed 
in  part  his  view.  Many  other  topics  might  have  been  included. 
But  it  is  held  that  the  labor  movement  today  in  all  of  its  essen- 
tial elements  is  the  movement  of  organized  labor.  The  power  of 
combination  is  today  so  great  that  nothing  of  the  proportions  of 
a  movement  can  develop  among  the  unorganized,  large  though 
these  are  in  numbers.  The  interests  of  these  dissociated  groups 
or  masses  are  intimately  connected  with  what  associations  are 
doing.  Individual  laborers  may  be  counted,  described,  classified 
and  tabulated  (and  all  would  be  both  interesting  and  profitable), 
but  as  individuals  they  do  not  and  cannot  constitute  the  labor 
movement.  It  is  safe  to  say  that  the  American  labor  movement 
of  today  is  an  organized  movement  and  the  labor  organizations 
are  its  embodiment.  For  these  reasons  many  topics  have  been 
omitted  that  otherwise  might  have  been  included. 

Even  the  most  enthusiastic  admirer  of  these  unions  will  not 
escape  without  finding  something  to  criticize  or  to  disapprove. 
It  is  expected  that  the  most  positive  opponent  will  find  some- 
thing of  which  he  must  approve.  Trade  unions  would  not  be 
human  organizations  if  they  did  not  have  that  usual  mixture  of 
good  and  bad  that  characterizes  all  human  activities.  The  day 
has  passed  when  either  blind  admiration  or  blind  condemnation 
can  be  tolerated.  From  the  present  temper  of  public  opinion  it 
appears  that  there  is  rather  less  danger  from  the  former  than 
from  the  latter  in  many  quarters  so  far  as  labor  unions  are  con- 
cerned. Let  no  one  adopt  the  attitude  of  setting  out  to  see  what 
labor  unions  are  doing  and  proving  that  they  are  wrong. 

Finally  it  may  be  said  that  the  author's  purpose  has  been  to 
start  the  study  of  the  organized  labor  movement,  not  to  conclude 
it,    Nothing  in  these  pages  is  to  be  regarded  as  final.    Opinions 


xiv  INTRODUCTION 

on  questions  of  such  vital  importance  are  always  stimulating. 
Many  opinions  have  been  stated;  opinions  of  those  entitled  to 
speak  with  some  authority  on  both  sides  of  disputed  issues.  To 
these  have  been  added  the  author's  views  scattered  throughout 
the  discussion.  The  author  does  not  accept  responsibility  for  the 
views  of  others.  Nor  does  he  ask  the  reader  to  accept  his  own  as 
necessarily  final.  Of  the  value  of  them  all  the  reader  will  judge 
for  himself  after  giving  all  sides  a  hearing. 

Opinions  will  change.  Conditions  will  not  remain  the  same. 
The  issues  to  be  fought  out  will  be  altered  from  time  to  time. 
The  one  abiding  fact  is  the  human  struggle  upward.  This  gen- 
eration and  the  next  must  witness  this  conflict  centered  around 
the  struggle  of  the  laboring  classes,  those  who  work  with  their 
hands.  The  organized  effort  among  these  laborers  is  today  the 
labor  problem  of  America. 

SUGGESTIONS  FOR  FURTHER  READINGS 

Parts  I  and  II.  For  the  historical  part  of  the  work  a  supple- 
mentary knowledge  may  be  secured  from  any  or  all  of  the  many 
standard  industrial  histories  of  England  and  America. 

Among  the  English  works  are  particularly  Webb,  The  History 
of  Trade  Unionism;  Rogers,  Six  Centuries  of  Work  and  Wages; 
Unwin,  Industrial  Organization  in  the  Sixteenth  and  Seven- 
teenth Centuries. 

Among  those  for  the  United  States  are:  Documentary  History 
of  American  Industrial  Society  (Commons  and  others,  Editors) ; 
Powderly,  Thirty  Years  of  Labor  (1859-1889);  Trant,  Trade 
Unions  —  Their  Origin  and  Objects,  Influence  and  Efficiency; 
Wright,  Industrial  Evolution  of  the  United  States. 

For  Wage  Theories:  Haney,  History  of  Economic  Thought; 
Gide  and  Rist,  History  of  Economic  Doctrines. 

For  Modern  Industrialism,  it  is  a  matter  of  reading  current 
descriptive  industrial  literature  together  with  observation. 

For  specific  studies  in  the  historical  and  descriptive  field  there 
are  valuable  detailed  sources.  Johns  Hopkins  University  Studies 
in  Historical  and  Political  Science;  Columbia  University  Studies 
in  History,  Economics  and  Public  Law;  University  of  California 
Publications  in  Economics;  Publications  of  the  American  Eco- 
nomic Association,  and  other  learned  societies  in  the  field  of  the 


INTRODUCTION  xv 

social  sciences;  Bulletins  of  the  United  States  Bureau  of  Labor 
Statistics;  bulletins  of  some  of  the  state  departments  of  labor, 
particularly  of  New  York  and  Massachusetts;  many  interesting 
historical  and  descriptive  articles  in  the  various  economic  and 
other  periodicals. 

For  the  structure  of  unions  the  material  is  more  widely  scat- 
tered. Hollander  and  Barnett,  Studies  in  American  Trade 
Unionism,  is  the  one  large  collection.  Other  important  detailed 
studies  may  also  be  found  in  the  several  series  named  above  and 
in  the  economic  periodicals.  Both  the  Massachusetts  and  the 
New  York  departments  publish  at  intervals  directories  of  the 
trade  unions  of  the  country.  The  constitutions  of  the  various 
unions  furnish  descriptions  of  their  organization. 

Parts  III,  IV  and  V.  In  this  field  the  literature  is  still  more 
widely  scattered.  Government  publications  and  periodical 
literature  furnish  the  main  sources.  Much  may  be  taken  from 
trade  union  literature,  a  wide  field  of  variable  value.  Trade 
union  journals,  employers'  publications,  proceedings  of  conven- 
tions, legislative  enactments,  commissions  of  investigation,  dis- 
cussions before  learned  bodies,  and  —  most  important  of  all  — 
the  things  that  are  being  done,  a  part  of  the  news  of  the  day, 
are  the  sources  to  which  the  reader  must  go  to  secure  the  in- 
formation desired.  These  are  not  anywhere  very  fully  indexed 
and  so  they  are  not  very  easily  available.  There  are,  however, 
the  helpful  Pool's  Index  and  the  Readers'  Guide,  aids  to  the 
finding  of  material  that  may  be  found  in  any  library.  These 
open  up  the  periodical  literature  better  than  any  other  single  aid. 
Other  sources  of  information  are  matters  of  observation  and  in- 
terpretation and  these  are  open  to  all. 

In  general  it  may  be  said  that  aside  from  the  historical  parts, 
the  sources  that  are  of  real  significance  are  very  transient 
Topics  of  to-day  give  way  to  others  of  to-morrow.  To  know  tht 
movement  the  student  must  keep  abreast  of  the  changes,  and 
this  cannot  be  done  by  tying  up  to  any  fixed  and  unchanging  list 
of  references. 


PART  I 
THE  BACKGROUND 


AN    INTRODUCTION   TO 

THE  STUDY  OF  ORGANIZED  LABOR 

IN  AMERICA 

CHAPTER  I 
BEGINNINGS  IN  ENGLAND 

A  Wage-Earning  Class.  —  The  problems  of  organized  labor 
did  not  originate  in  modern  times.  While  current  conditions 
determine  largely  their  specific  nature,  the  beginnings  are  to 
be  found  only  by  tracing  the  lines  of  development  far  back  into 
industrial  history.  The  movement  toward  organization  fol- 
lowed inevitably  upon  the  difficulties  connected  with  wages 
and  these  in  turn  arose  with  the  beginnings  of  a  wage-earning 
class.  The  rise  of  this  class  was  slow  and  irregular  extending 
over  more  than  a  century  of  changing  industrial  conditions. 

In  Agriculture.  —  The  division  of  function  came  first  in 
agriculture  and  was  connected  with  the  passing  of  the  serfs  and 
villeins  into  a  free  tenant  class.  Payment  of  rent  in  money 
rather  than  in  labor  arose  out  of  the  conditions  of  manorial 
lords  who  were  so  generally  in  need  of  cash.  Within  the  free 
tenant  class  a  subdivision  began  to  appear;  the  more  indus- 
trious and  frugal  becoming  small  farmers  and  those  less  able  to 
adjust  themselves  to  the  demands  of  the  newer  situation  became 
agricultural  laborers,  having  small  patches  of  land  of  their 
own  in  some  cases  but  not  enough  to  support  themselves  nor  to 
occupy  their  entire  time  in  labor.  These  cottars  and  poorer 
villeins  hired  out  their  services  to  their  more  successful  neigh- 
bors, thus  beginning  the  development  of  a  class  who  lived  more 
and  more  upon  wages  paid  them  for  labor  performed  for  and 
under  the  direction  of  others. 

The  changes  here  so  briefly  stated  took  place  in  England  very 
gradually  and  were  closely  associated  with  the  many  other 
modifications  of  feudalism  during  the  thirteenth  and  fourteenth 
centuries.    The  manorial  lords  and  greater  barons  were  com- 


4        AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

muting  the  primitive  forms  of  feudal  dues  in  the  form  of  pay- 
ment in  services  into  money  payments  such  as  rents  and  taxes. 
This  finally  led  to  the  more  complex  relations  of  the  later  mediae- 
val and  early  modern  periods. 

Customary  Wage.  —  That  troubles  early  arose  over  the 
amounts  offered  and  those  demanded  as  wages  there  is  plenty 
of  evidence.  Yet  it  is  altogether  probable  that  so  far  as  possible 
custom  and  precedent  were  relied  upon  to  determine  what 
sums  should  be  paid.  But  the  new  situation  was  not  to  be  met 
entirely  with  the  aid  of  established  custom  and  therein  were 
the  beginnings  of  difficulty.  A  readjustment  to  the  new  phases 
probably  would  have  been  made  in  course  of  time  without  much 
disturbance  had  it  not  been  for  the  series  of  famines  and  plagues 
that  came  during  the  early  years  of  the  fourteenth  century. 
These  disasters  created  a  scarcity  of  labor  under  the  new  condi- 
tions and  thus  gave  those  who  survived  a  real  advantage  in 
demanding  an  increase  in  compensation.  The  matter  reached 
a  climax  with  the  Great  Plague  of  1348  when  scarcity  of  numbers 
gave  the  laborers  such  an  advantage  that  they  demanded 
greatly  increased  pay  for  their  labor.  The  difficulties  arising 
out  of  demands  for  increase  over  the  customary  wage  resulted 
in  a  new  public  policy.  The  Great  Plague  marked  the  beginning 
of  the  attempt  to  define  and  regulate  the  income  of  the  laboring 
class  throughout  the  realm  as  a  whole. 

Money  Wage.  —  With  the  use  of  money  in  payment  for 
services  it  became  easier  for  the  wage  earner  to  leave  his  "cus- 
tomary" place  of  work;  and  by  payment  of  the  small  fine  im- 
posed as  an  ancient  feudal  right  he  could  go  out  into  a  wider 
market  to  seek  work.  These  changes  resulted  in  great  advan- 
tage to  the  laborers,  increasing  their  wages  probably  from  twenty 
to  fifty  or  sixty  per  cent  and  the  increase  stood  for  a  long  period. 
It  did  not  come  without  resistance,  however.  Prior  to  the 
Great  Plague  wages  had  been  subject  to  local  regulation  through 
manorial  or  guild  authority.  The  situation  was  now  such  as 
to  be  entirely  beyond  the  control  of  these  local  officials.  Ed- 
ward III  in  1349  issued  a  proclamation  ordering  that  no  laborer 
should  demand  and  no  person  should  pay  wages  higher  than 
the  rate  customary  before  the  plague.  Parliament  in  the  follow- 
ing year  enacted  the  requirements  of  this  proclamation  as  the 
Statute  of  Laborers,  the  first  of  a  series  of  laws  in  which  matters 


BEGINNINGS  IN  ENGLAND  5 

of  wages  and  hours  of  labor  were  dealt  with.  Thus  the  segrega- 
tion of  a  class  of  wage  earners  had  become  so  real  and  so  impor- 
tant by  the  middle  of  the  fourteenth  century  that  it  first  became, 
what  it  continued  for  centuries  to  be,  the  subject  of  regulation 
and  control  by  King  and  Parliament. 

Other  Industries.  —  This  movement  in  agriculture  was  ac- 
companied by  one  in  many  respects  similar  in  other  lines  of  in- 
dustry and  which  overlapped  the  former  one  in  time.  Artisans, 
such  as  shoemakers,  copper  and  iron  smiths,  carpenters,  weavers, 
workers  in  glass  and  pottery,  must  have  been  necessary  from  a 
much  earlier  period.  These  were  not  in  the  earlier  stages  wage 
earners.  They  worked  in  guilds  where  the  relations  were  quite 
unlike  those  of  laborers  and  their  employers.  The  guilds  had 
become  influential  organizations  and  their  regulations  were  often 
oppressive  to  the  expansion  of  industry  and  its  development 
along  new  lines.  For  several  reasons,  among  which  was  the 
tyranny  of  the  guilds,  the  manufacturers  removed  their  estab- 
lishments from  the  larger  guild  towns  to  smaller  villages  where 
such  organizations  did  not  exist.  Liberated  thus  from  their 
control  the  master  was  free  to  organize  as  he  might  choose  and 
as  a  result  a  combination  and  division  of  labor  was  effected 
along  new  lines.  This  new  system  was  not  that  of  the  earlier 
days  but  as  Gibbons  describes  it  "the  germs  of  the  modern 
system  were  there;  ...  a  system  of  congregated  labor  organ- 
ized upon  a  capitalist  basis  by  one  man  —  the  organizer,  head 
and  owner  of  the  industrial  village  —  the  master  clothier."  The 
effect  of  the  Great  Plague  on  wages  was  marked  in  this  line  of 
labor  also.  Carpenters,  masons  and  others  secured  increases 
in  about  the  same  rate  while  their  masters  joined  with  the  agri- 
cultural employers  in  the  protest  that  led  King  Edward  to  issue 
his  proclamation  of  1349. 

Proclamation  and  Laws.  —  Just  how  well  the  provisions  of 
this  regulatory  act  were  enforced  seems  not  entirely  clear. 
Differences  of  opinion  indicate  that  the  problem  existed  and  that 
it  grew  directly  out  of  the  conditions  and  the  difficulties  of  the 
labor  market.  There  is  satisfactory  evidence  that  the  laboring 
classes  were  generally  in  good  condition  during  the  fourteenth 
and  fifteenth  centuries.  With  small  plats  of  land  of  their  own 
to  till  they  were  able  to  supplement  the  returns  of  their  vocations, 
and  such  avocations  doubtless  enabled  them  to  live  very  com- 


6        AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

fortably.  By  the  time  of  Elizabeth's  reign  conditions  were 
changing.  Enclosures  and  other  methods  of  adding  small  parcels 
of  land  to  the  larger  estates  took  away  from  the  wage  laborer 
his  means  for  supplementing  his  income.  Sheep  raising  required 
a  less  number  of  laborers  than  the  raising  of  agricultural  crops. 
This  threw  many  out  of  employment  and  at  the  same  time  took 
from  them  their  only  means  of  self-support.  Unemployment 
became  a  real  difficulty.  Wages  naturally  fell.  At  the  same  time 
prices  of  necessities  were  rising.  Poverty  and  distress  chal- 
lenged attention.  This  it  received,  leading  to  two  laws  of 
unusual  importance.  The  Elizabethan  Poor  Law  was  an  at- 
tempt to  deal  in  a  national  way  with  the  conditions  of  distress. 
The  Statute  of  Laborers  of  1563  was  aimed  at  the  wage  problem. 
By  this  latter  measure  public  control  was  again  exercised  over 
wages,  but  this  time  not  directly  by  Parliament.  The  justices 
of  the  peace  for  each  locality  were  empowered  to  fix  the  amounts 
that  should  be  paid.  As  these  officials  were  generally  either 
employers  themselves  or  of  the  same  class  it  was  natural  that 
those  employing  labor  should  exercise  undue  influence  over 
wages.  The  extent  to  which  this  statute  was  effective  is  a  sub- 
ject of  some  dispute.  Gibbons  sums  up  the  controversy  by 
asserting  that  "it  certainly  seems  to  be  the  case  that,  in  spite 
of  the  continued  increase  in  the  price  of  the  necessaries  of  life, 
the  wages  of  labor  did  conform  to  the  justices'  assessments  and 
that  these  assessments  were  too  low  to  give  the  laborer  an  op- 
portunity of  really  comfortable  subsistance."  To  this  he  adds 
that  "there  can  be  no  dispute  that,  whether  owing  to  the  as- 
sessment or  not,  wages  steadily  declined  in  the  sixteenth  and 
seventeenth  centuries,  taken  as  a  whole."  This  statute  remained 
in  force  for  more  than  two  hundred  years  and  the  laborers' 
wages  were  thus  subject  to  control  during  that  period.  By  the 
beginning  of  the  eighteenth  century  the  laborers'  condition  had 
become  one  of  poverty  and  distress  to  no  small  degree. 

This  policy  of  control  of  wages  had  its  natural  outcome  in 
the  necessity  for  some  form  of  relief  work  as  a  supplement  to  the 
wages  thus  arbitrarily  fixed.  In  1722  the  relief  thus  made 
necessary  was  limited  by  law  to  those  only  who  would  enter  the 
workhouses.  This  provision  remained  in  force  for  about  three- 
quarters  of  a  century,  a  period  in  which  at  least  two  if  not  three 
generations  lived  their  lives  as  working  men.    In  1795  the  law 


BEGINNINGS  IN  ENGLAND  7 

was  repealed  and  the  older  plan  was  revived.  Any  poor  person 
could  receive  aid  at  his  house.  During  the  period  of  high  corn 
prices  and  heavy  taxation  wages  were  not  increased  proportion- 
ately and  the  justices  of  the  peace  were  of  necessity  very  gener- 
ous in  their  allowances  from  the  rates.  Relief  of  this  character 
was  very  general  from  the  beginning  of  the  nineteenth  century 
to  well  beyond  the  quarter-century  mark.  Often  the  amounts 
thus  granted  in  relief  exceeded  the  sums  paid  as  wages. 

Such  were  in  brief  the  antecedents  and  such  the  conditions 
of  the  wage-earning  classes  in  England  at  the  time  of  the  In- 
dustrial Revolution.  Out  of  the  events  of  that  period  came  a 
new  relation,  a  new  view  and  a  new  activity.  There  began  the 
struggle  for  organization  of  a  type  that  would  more  effectively 
meet  the  new  demands. 

BEGINNINGS   OF   ORGANIZATION 

Three  facts  may  be  named  as  accountable  for  the  organization 
of  laborers.  One  is  the  sweeping  changes  in  all  branches  of  in- 
dustry that  constituted  the  Industrial  Revolution.  Another 
is  the  opposition  that  laborers  met  in  their  efforts  to  improve  the 
conditions  of  living  during  the  period  of  a  century  prior  to  this 
time.  A  third  is  the  effects  of  the  wars  for  colonial  expansion 
in  which  England  was  engaged.  The  changes  of  the  Industrial 
Revolution  were  too  numerous  for  discussion  here.  Suffice 
it  to  say  that  the  living  of  wage  earners  was  deeply  affected,  so 
much  so  as  to  change  quite  entirely  their  mode  of  life  and  their 
outlook  for  the  future.  The  efforts  to  improve  conditions  had 
been  attended  by  disturbances  often  of  a  serious  nature  and  had 
been  opposed  by  the  superior  influence  of  employers,  by  the 
power  of  Parliament  and  by  the  force  of  long  years  of  precedent 
during  which  it  had  come  to  be  held  that  combination  to  affect 
wages  was  illegal.  The  wars  had  been  desperately  fought, 
drawing  heavily  upon  the  resources  of  the  kingdom.  They  were 
followed  with  heavy  debt,  consequent  high  taxation  with  a  tax 
system  not  adapted  to  the  conditions,  disbanded  armies  of  men 
who  had  lost  the  habit  of  industry  while  in  the  service,  a  large 
amount  of  unemployment,  deep  poverty  and  distress  among 
the  poorer  classes,  abnormally  high  prices  for  the  necessaries 
of  life.  In  domestic  relations  England  had  paid  heavily  for  her 
• 


8        AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

successes  in  foreign  fields.  Thorold  Rogers  rates  the  latter  part 
of  the  eighteenth  century  and  the  first  of  the  nineteenth  as  a  time 
in  which  the  conditions  of  the  working  classes  sank  to  as  low  an 
ebb  as  at  any  time  during  the  six  hundred  years  included  within 
his  study. 

The  Guilds.  —  Some  confusion  as  to  the  origin  of  permanent 
labor  organizations  has  prevailed  owing  to  a  suggested  connection 
between  them  and  the  guilds  of  the  earlier  period.  In  fact  there 
has  been  prevalent  a  popular  impression,  assumed  rather  than 
reasoned,  that  the  former  were  the  direct  outgrowth  of  the  latter. 
This  view  may  seem  at  first  hand  a  natural  one  as  there  are  so 
many  points  in  common  in  the  two  organizations.  The  first 
authoritative  statement  on  this  subject  was  by  Brentano  in 
1870  when  he  suggested  that  the  guild  was  the  predecessor 
of  the  union,  though  not  tracing  a  direct  connection  between 
them.  Howell  reproduced  Brentano's  account  and  gave  general 
credence  to  the  opinion  that  trade  unions  originated  in  some 
manner,  not  clearly  described,  from  craft  guilds.  The  subject 
has  been  more  recently  and  more  thoroughly  examined  by  the 
Webbs  in  their  History  of  Trade  Unionism  and  also  by  Unwin. 
The  Webbs  especially  undertake  at  some  length  to  show  that 
Brentano's  account  is  misleading.  Prior  to  the  beginning  of 
the  eighteenth  century,  they  claim,  there  was  in  England  nothing 
that  partook  sufficiently  of  the  nature  of  a  permanent  organiza- 
tion to  be  characterized  as  a  union  in  the  sense  in  which  that 
term  is  used  by  them.  Such  organizations  as  are  recorded  in 
the  annals  of  mediaeval  town  life  seem  to  have  been  occasional 
and  only  for  the  purpose  of  securing  some  specific  end.  As  the 
occasion  for  the  association  passed  it  was  broken  up,  not  to  be 
brought  together  again  until  some  new  occasion  arose.  They 
were  transient,  and  while  they  may  have  served  to  teach  impor- 
tant lessons  in  the  value  of  such  activity  the  movement  of  the 
present  day  could  never  have  become  what  it  is  had  only  such 
methods  continued.  The  craft  guilds  were  so  unlike  modern 
trade  organizations,  as  the  Webbs  insist,  that  it  would  be  as 
reasonable  to  call  labor  unions  the  successors  of  craft  guilds  as 
it  would  to  claim  such  a  relation  for  capitalist  syndicates,  em- 
ployers' associations,  boards  of  factory  inspection  or  school 
visitors.  In  the  guild  system  the  master  craftman  was  the 
practical  administrator  and  dominant  influence.     The  typical 


BEGINNINGS  IN  ENGLAND  9 

guild  member  was  not  wholly,  or  even  chiefly,  a  manual  worker. 
He  performed  many  of  the  functions  of  an  entrepreneur,  such  as 
supplying  capital,  knowledge  of  markets,  both  of  raw  material 
and  finished  products.  One  will  at  once  recognize,  as  the  Webbs 
insist,  that  these  are  not  characteristics  of  modern  unionism. 
The  conclusion  of  the  Webbs  after  their  exhaustive  study  of  all 
available  material  is  that,  while  a  more  complete  examination 
of  unpublished  material  might  possibly  disclose  a  series  of 
fraternities  among  journeymen,  yet  there  has  been  brought  to 
light  no  evidence  of  any  permanency  of  association  among  the 
wage  earners  against  their  employers  during  the  middle  ages. 
Such  associations  as  did  continue  an  existence  for  any  consider- 
able period  were  so  closely  connected  with  masters  or  employers 
as  to  lack  the  essential  elements  that  so  prominently  character- 
ize the  unions  of  to-day.  Finally  the  Webbs  assert  "with  some 
confidence  that  in  no  case  did  any  trade  union  in  the  United 
Kingdom  arise,  either  directly  or  indirectly,  from  a  craft  guild." 
They  have  not  "been  able  to  trace  the  slightest  connection  be- 
tween the  slowly  dying  guilds  and  the  upstarting  trade  unions." 
Unwin  asserts  that  the  attempts  to  bring  these  two  different 
forms  of  association  into  historical  relation  "have  a  sound  in- 
stinct behind  them."  Yet  the  guild,  he  says,  is  to  be  regarded 
not  as  the  parent  of  the  trade  union  but  the  ancestor,  as  it  was 
the  ancestor  of  other  industrial  forms.  The  two  "were  separated 
by  centuries  of  development  and  the  earlier  was  dead  before  the 
latter  were  born."  In  summing  up  the  evolution  from  the  one 
to  the  other  the  stages  through  which  the  development  passed 
are  journeymen,  rise  of  small  masters,  beginning  of  industrial 
capitalism,  emergence  of  organized  wage  earners. 

The  Causes.  —  As  has  already  been  stated,  the  Industrial 
Revolution  furnishes  the  background  for  the  development  of 
the  movement.  Changing  relations  between  all  parts  of  in- 
dustry characterized  this  period.  Yet  it  is  manifestly  too 
broad  to  state  that  the  Revolution  was  the  cause  of  the  forma- 
tion of  labor  unions  and  leave  the  matter  there.  More  specific 
causes  must  be  found  and  stated,  as  they  are  essential  to  the 
understanding  of  union  activity  in  modern  times.  As  stated 
above  the  craft  guilds  may  be  accepted  as  "sociological  ante- 
cedents" and  journeymen's  fraternities  as  more  immediate 
"prototypes."    Accepting  these  as  true  relations,  and  coming 


IO      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

more  closely  to  consideration  of  real  causes,  the  first  to  note 
is  the  increasing  division  of  function  and  the  separation  of 
the  more  skilled,  more  energetic,  more  daring  into  groups  that 
divided  the  industrial  operations  between  them.  Each  became 
more  proficient  in  the  branch  of  work  in  which  experience 
showed  him  to  be  best  qualified,  whether  in  manual  labor,  su- 
perintendence, buying  material,  selling  the  product,  assembling 
the  factors,  or  opening  newer  opportunities.  This  soon  de- 
veloped a  situation  very  unlike  the  old  regime  in  which  the 
apprentice  as  a  matter  of  course  became  the  journeyman,  and 
he  in  turn  equally  as  a  matter  of  course  became  a  master  having 
under  his  direction  and  intimately  associated  with  him  other 
apprentices  and  journeymen,  who  in  turn  would  make  the 
same  progress  in  their  station.  In  the  older  order  the  way 
was  open  to  practically  all  workingmen  to  move  up  to  the 
higher  stations  as  age  and  experience  counted  in  their  favor. 
Specialization  and  subdivision  of  function  closed  the  door  to 
this  series  of  changes.  Added  to  this  there  was  the  growing 
need  for  capital  in  larger  sums.  As  the  industries  were  expand- 
ing with  the  increasing  activities  of  this  remarkable  period, 
more  and  better  machinery  and  tools  were  necessary,  a  larger 
supply  of  raw  material,  a  greater  stock  of  finished  goods.  All 
of  this  required  money  in  far  larger  quantities  than  the  ordinary 
small  master  could  supply  from  his  own  store  or  secure  with 
his  limited  credit.  Those  who  failed  at  this  point  had  but 
one  way  open  to  them.  That  was  to  drop  back  into  the  ranks 
of  the  skilled  workmen  who  hired  their  services  to  their  more 
energetic  or  more  fortunately  situated  companions.  The  one 
fact  that  stands  out  in  greatest  prominence  from  these  develop- 
ments was  that  those  who  were  workingmen  or  artisans  must 
in  large  numbers  remain  such  while  only  a  few  could  take  ad- 
vantage of  the  chances  for  betterment  through  the  developing 
opportunities  of  capitalism.  With  the  slow  recognition  of  this 
new  limitation,  this  closing  of  the  door  of  larger  opportunity 
to  so  many,  came  a  feeling  of  restlessness,  of  dissatisfaction 
with  the  conditions  themselves.  They  were  tolerable  so  long 
as  they  were  stepping  stones  to  better  things.  Without  this 
prospect,  the  outlook  was  not  so  encouraging.  Shut  off  from 
the  ways  that  had  been  opened  to  their  ancestors  for  genera- 
tions, and  thrown  back  upon  themselves,  a  feeling  of  common 


BEGINNINGS  IN  ENGLAND  II 

disappointment  soon  came  to  be  a  binding  tie  that  brought 
them  together  in  groups  for  discussion  and  commiseration. 
This  stage  in  the  development  marks  the  most  important  crisis 
in  the  slow  formation  of  the  new  order.  The  bulk  of  the  work- 
ers had  ceased  to  be  independent  producers  controlling  their 
own  material,  processes  and  activities.  Not  alone  had  they  be- 
come wage  earners  and  wage  earners  only;  they  must  remain  such. 
With  every  opportunity  for  meeting,  the  members  of  this 
new  class  came  into  a  fuller  consciousness  of  the  inevitableness 
of  the  changes  and  of  the  consequences  that  must  follow  to 
themselves  and  their  families.  These  meetings  form  secondary 
causes  that  must  be  added  to  the  list.  They  were  frequent. 
Many  of  them  were  merely  incidental.  Others  may  be  looked 
upon  as  having  a  purposefulness  connected  with  them.  Groups 
often  came  together  for  reasons  purely  social.  The  "social 
pint"  was  the  incentive  for  many  a  gathering  and  it  was  not 
long  before  conversation  quickened  by  the  cheer  of  the  occa- 
sion turned  upon  the  topic  that  must  have  been  uppermost 
in  the  minds  of  all.  The  prospects;  the  new  employers;  the 
new  regulations  and  systems  of  control;  these  certainly  did 
not  fail  to  receive  attention.  Parliament  had  for  a  long  time 
been  the  protector  of  this  class.  Petitions  had  often  been  sub- 
mitted and  had  led  to  relief.  This  new  situation  was  certainly 
one  of  sufficient  importance  to  form  the  subject  of  a  petition. 
Such  petitions  must  be  drawn  up  and  signed,  and  in  the  doing 
of  this  the  assembly  was  again  brought  into  a  realization  of 
the  importance  of  common  action.  Petitions  once  presented 
must  often  be  followed  up  by  some  form  of  agitation.  The  adop- 
tion of  certain  public  houses  by  particular  trades  as  head- 
quarters where  members  of  the  trade  would  gather  for  purposes 
of  society  and  also  for  information  as  to  places  for  work  became 
exchanges  for  information  and  discussion.  The  adoption  of 
plans  for  sick  and  funeral  benefits  and  for  the  relief  of  tramp- 
ing workmen  still  further  contributed  to  the  common  con- 
sciousness. When  trouble  was  acute  the  strike  was  an  old 
weapon  and  it  was  used.  It  could  not  be  brought  into  effect 
without  further  realization  of  the  common  interests.  Thus 
every  opportunity  for  assembly  became  in  a  sense  a  cause  of 
organization  in  that  it  quickened  and  deepened  the  feeling 
that  resistance  to  the  reduction  of  wages  and  dependence  upon 


12     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  employer  must  be  offered  through  some  organized  activity 
if  it  was  to  be  effective.  It  has  been  stated  that  many  of  the 
small  masters  not  being  able  to  command  the  increased  capital 
necessary  for  continuing  in  that  capacity  were  forced  to  drop 
back  to  the  dependent  class.  This  small  master  was  a  man  of 
vigor  and  initiative  or  he  would  not  have  been  a  master  at  all. 
To  him  the  lost  opportunity  came  hardest  and  doubtless  it 
was  under  his  leadership  that  the  new  associations  were  formed 
and  guided.  He  possessed  considerable  independence  and 
strength  of  character.  He  possessed  much  skill  and  had  known 
a  high  standard  of  life.  He  was  of  the  new  class,  the  one  who 
had  been  the  most  prosperous  and  the  one  to  whom  the  new 
regime  came  as  the  hardest  blow.  From  such  came  the  leader- 
ship necessary  for  the  new  movement.  If  anything  was  lack- 
ing to  force  this  consolidation  it  appeared  in  due  time  in  the 
attitude  that  was  taken  by  Parliament.  More  and  more  this 
body  had  come  under  the  influence  of  the  new  trading  class. 
It  was  exercising  its  influence  in  a  nation-wide  manner.  It 
now  saw  fit  to  adopt  a  general  political  policy  that  would  bring 
all  trades  into  line  and  protect  the  new  industrialism  that  had 
accompanied  capitalist  expansion.  This  change  of  attitude 
completed  the  movement.  Organizations  of  laborers  were 
formed  in  the  various  trades.  The  special  purpose  of  these 
organizations  was  to  oppose  the  employer  in  his  efforts  to 
secure  a  cheap  labor  market  and  to  set  up  the  standard  for  the 
long  fight  for  better  conditions  of  labor. 

Influence  of  Inventions.  —  It  is  sometimes  said  that  labor 
organizations  came  as  a  result  of  the  inventions  of  machinery 
and  the  development  of  the  factory  system.  This  is  not  ex- 
actly accurate.  Machinery  and  factory  were  parts  of  the  great 
change  that  was  taking  place  and  came  in  common  with  labor 
associations  but  they  were  not  the  cause.  Organizations  of 
hand  labor  in  some  crafts  came  fully  a  half  century  before  the 
factory  and  its  machinery.  By  the  beginning  of  the  eight- 
eenth century  the  typical  journeyman  tailor  in  London  had 
become  a  lifelong  wage  earner.  One  of  the  earliest  permanent 
unions  was  among  the  tailors.  There  was  no  association  of 
laborers  where  the  divorce  from  opportunity  had  not  taken 
place.  The  factory  system  hastened  the  formation  of  unions 
but  did  not  cause  it. 


BEGINNINGS  IN  ENGLAND  13 

PERIOD   OF  ILLEGAL  ORGANIZATION 

If  the  date  fixed  by  the  Webbs  is  accepted,  unions  of  any  con- 
siderable permanency  can  be  traced  no  farther  back  than  1700. 
From  that  time  forward  for  over  a  century  the  development  was 
very  irregular.  Troubles  arose  in  various  trades  at  different 
times  and  from  a  variety  of  causes.  These  led  to  controversy, 
appeals  to  Parliament,  strikes  and  the  formation  of  an  organiza- 
tion that  assumed  some  degree  of  permanency.  Slowly  they  in- 
creased in  number.  The  members  came  more  fully  into  a  re- 
alization of  a  community  of  interest  among  the  several  groups. 
Loose  forms  of  federation  were  made  and  the  organizations  be- 
gan to  assume  the  characteristics  that  determine  the  modern 
trade  union  movement.  During  the  years  of  the  eighteenth 
century  they  took  different  names,  showing  no  comprehensive 
idea  of  what  the  movement  was  eventually  to  become.  They 
were  known  among  their  members  as  "institutions,"  "associa- 
tions," "trade  clubs,"  "trade  societies,"  "unions,"  "union 
societies."  None  of  these  names  shows  any  comprehension  of 
the  scope  of  the  movement  that  was  to  develop  in  the  latter  part 
of  the  nineteenth  century. 

Secrecy.  —  There  are  in  the  events  of  this  eighteenth  century 
some  facts  that  are  essential  to  an  understanding  of  the  spirit  of 
present  day  unionism.  The  most  important  is  the  legal  status. 
The  history  is  full  of  traditions,  as  the  Webbs  tell  us,  of  "the 
midnight  meeting  of  patriots  in  the  corner  of  the  field,  the 
buried  box  of  records,  the  secret  oath,  the  long  terms  of  im- 
prisonment of  the  leading  officials,"  all  legendary  references  not 
without  a  basis  in  fact.  To  understand  this  situation  one  must 
recall  the  long  established  precedents  for  the  regulation  of  wages 
through  government  agency.  This  control  extended  to  all  the 
important  relations  between  the  wage  earner  and  his  employer, 
and  so  far  as  the  letter  of  the  law  was  concerned  they  were  bind- 
ing upon  both  parties.  In  practice,  however,  the  law  was  en- 
forced very  irregularly.  The  matter  was  not  regarded  seriously 
when  relations  were  peaceful.  The  police  authority  of  the  gov- 
ernment was  but  poorly  developed  and  there  were  no  public 
prosecutors  who  made  it  their  business  to  enforce  the  law.  Con- 
sequently associations  of  laboring  men  existed  and  in  many 
cases  no  action  was  taken  against  them.    If,  however,  they  be- 


14     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

came  troublesome  to  an  employer  by  asking  wages  above  those 
currently  paid  in  the  trade  or  demanding  any  other  conditions 
legally  under  government  control,  it  was  an  easy  matter  for  him 
to  proceed  against  them.  An  appeal  to  Parliament  quite  gen- 
erally led  to  an  act  directed  against  the  trade.  One  must  not 
think  that  regulation  of  laborers  only  was  the  intention  of  the 
law  at  this  early  period.  It  was  possible  to  appeal  to  this  same 
principle  to  restrain  the  employer  as  well.  Cases  are  recorded 
where  Parliament  on  petition  interfered  to  prevent  an  employer 
from  reducing  wages  below  the  current  rate.  Thus  not  only  was 
the  employer  checked  but  the  hearing  of  the  petition  was  a  vir- 
tual recognition  of  the  existence  of  a  union  which  in  other  cir- 
cumstances might  have  been  proceeded  against  by  parliamentary 
authority.  Of  course  it  may  be  said  that  this  was  not  really  a 
recognition  of  the  organization  since  Parliament  received  peti- 
tions from  groups  of  signers  without  recognition  of  any  definite 
organization  among  them  of  a  permanent  character.  Yet  it 
does  seem  clear  that  though  unintentionally  this  recognition  of 
petition  from  men  generally  known  to  be  associated  in  a  peculiar 
way  was  virtually  a  tacit  recognition  of  the  existence  of  that 
union.  So  that  while  in  point  of  law  these  associations  were 
during  the  whole  century  unlawful,  in  fact  they  were  prosecuted 
only  when  their  activity  led  them  into  some  overt  illegal  act 
that  was  particularly  troublesome  to  an  employer. 

Advantage  of  Employer.  —  Even  while  Parliament  seems  to 
have  been  somewhat  lenient  with  these  organizations,  the  fact 
must  be  noted  that  the  employer  always  had  the  advantage,  even 
if  the  law  was  impartially  applied.  Industrial  conditions  during 
the  century  were  slowly  changing  so  as  to  give  the  single  em- 
ployer an  advantage  over  his  employees.  He  employed  them  in 
larger  numbers  as  he  increased  his  capital  and  expanded  his 
business.  Thus  the  employer  single-handed  was  more  than  a 
match  for  his  employees  single-handed.  If  one  laborer  attempted 
to  deal  with  him  unaccompanied  by  his  fellows  he  could  scarce 
hope  to  gain  his  ends,  but  the  employer  could  without  acting  in 
association  with  anyone  discharge  his  entire  force.  Besides  this 
there  was  present  that  subtle  recognition  of  common  interests 
which  early  began  to  effect  a  tacit  understanding  among  the 
members  of  this  class.  Combinations,  even  this  early,  were 
easier  to  prove  against  workmen  than  against  employers.    Again, 


BEGINNINGS  IN  ENGLAND  15 

the  political  atmosphere  was  not  favorable  to  the  growth  of 
these  associations.  Conditions  had  been  so  disturbed  during  the 
strife  of  kings,  upper  classes  and  parliaments,  that  associations 
of  any  kind  were  looked  upon  with  suspicion.  It  was  a  political 
offense  that  received  the  name  of  illegal  combination  or  con- 
spiracy. Employers,  so  important  in  the  development  of  Eng- 
land's foreign  trade,  could  carry  public  confidence.  Their  em- 
ployees, however,  whose  demands  would  mean  a  handicap  in 
favor  of  foreign  rivals,  could  not  inspire  such  confidence.  They 
might  be  conspirators  in  disguise.  Conditions  and  experiences 
at  home  supplemented  by  the  examples  of  the  Revolution  in 
France,  tended  to  a  high  degree  of  caution  which  easily  led  to  the 
characterization  of  all  associated  activity  of  journeymen  as  con- 
spiracy. 

General  Act  of  Restriction.  —  This  situation  continued  until 
1799.  Prior  to  that  date  the  legislation  referred  to  was  regarded 
as  a  part  of  the  general  policy  of  individual  regulation  applicable 
alike,  in  theory,  to  both  employers  and  their  journeymen.  The 
several  statutes  dealt  with  particular  groups  of  workmen  wher- 
ever and  whenever  the  occasion  required.  In  the  closing  period 
of  the  century  all  these  several  acts  were  gathered  into  one  gen- 
eral statute  in  which  all  combinations  whatsoever  were  declared 
illegal.  This  law  was  reenacted  in  an  amended  form  in  the  fol- 
lowing year,  and  from  1800  for  a  quarter  of  a  century  it  stood  not 
simply  as  a  codification  of  previous  acts  but  as  a  radical  depart- 
ure from  former  lines  of  legislation.  Prior  to  this  date  it  was 
generally  the  case  that  only  when  there  was  disagreement  be- 
tween employer  and  workmen  did  either  party  resort  to  Parlia- 
ment for  the  exercise  of  old-established  methods  of  regulation 
and  intervention.  The  part  played  by  justices  of  the  peace  had 
grown  steadily  less,  leaving  wage  agreements  to  be  adjusted 
practically  by  bargaining  agreements  between  the  two  interested 
parties.  With  this  method  becoming  general  it  will  be  clear  that 
the  enactment  of  a  law  rigidly  prohibiting  combinations  of 
journeymen  worked  a  real  hardship  to  this  class.  A  single 
journeyman  could  not  do  more  than  accept  such  terms  as  an 
employer,  eager  for  profits,  pushed  by  competitors,  shrewd  and 
possibly  unscrupulous,  chose  to  offer.  If  such  a  master  offered 
lower  wages  than  were  acceptable,  the  law  made  it  an  offense  for 
all  to  refuse  together.    There  appears  some  doubt  as  to  just  how 


16     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

rigidly  this  act  of  1800  was  enforced.  Probably  in  many  in- 
stances it  was  not  vigorously  administered,  as  there  was  no 
corresponding  strengthening  of  the  administrative  arm  of  the 
government  during  that  period.  Even  in  such  a  case  the  asso- 
ciations could  scarcely  expect  to  push  their  activities  beyond  the 
point  of  the  "social  pint  of  porter,"  the  provision  for  sick  mem- 
bers, and  such  as  were  "tramping"  in  search  of  work.  Such 
activities  would  call  forth  no  serious  opposition.  But  it  may 
readily  be  believed,  as  there  is  evidence  in  so  many  cases  to  show, 
that  the  employer  would  be  quick  to  invoke  the  law  at  the 
slightest  appearance  of  combined  resistance  to  his  plans  before 
such  opposition  became  serious.  The  numerous  arrests  and 
imprisonments  indicate  the  revived  vigor  with  which  the  law 
was  enforced.  The  feeling  of  journeymen  is  echoed  by  Francis 
Place  who  writes  of  the  time:  "The  cruel  persecutions  of  the 
Journeymen  Printers  employed  on  the  Times  newspaper  in  18 10 
were  carried  to  an  almost  incredible  extent.  .  .  .  No  judge 
took  more  pains  than  did  this  judge  on  the  unfortunate  printers, 
to  make  it  appear  that  their  offence  was  one  of  great  enormity, 
to  beat  down  and  alarm  the  really  respectable  men  who  had 
fallen  into  his  clutches  and  on  whom  he  inflicted  scandalously 
severe  sentences."  This  act  of  1800  is  described  again  as  "a 
tremendous  millstone  round  the  neck  of  the  local  artisan  which 
has  depressed  and  debased  him  to  the  earth:  every  act  which  he 
has  attempted,  every  measure  that  he  has  devised  to  keep  up  or 
raise  his  wages,  he  has  been  told  was  illegal:  the  whole  force  of 
the  civil  power  and  influence  of  his  district  has  been  exerted 
against  him  because  he  was  acting  illegally:  the  magistrates, 
acting,  as  they  believed,  in  unison  with  the  views  of  the  legisla- 
ture, to  check  and  keep  down  wages  and  combination,  regarded, 
in  almost  every  instance,  every  attempt  on  the  part  of  the  artisan 
to  ameliorate  his  situation  or  support  his  station  in  society  as  a 
species  of  sedition  and  resistance  of  the  government:  every 
committee  or  active  man  among  them  was  regarded  as  a  tur- 
bulent, dangerous  instigator,  whom  it  was  necessary  to  watch 
and  crush  if  possible." 

LEGALITY   ESTABLISHED 

Such  conditions  existed  until  the  noteworthy  acts  of  1824  and 
1825.    After  the  quarter  century  of  such  conditions,  regarded 


BEGINNINGS  IN  ENGLAND  17 

more  and  more  as  intolerable  by  England's  working  classes, 
relief  came  through  the  skillful  efforts  of  a  small  group  of  active 
and  determined  men.  Among  these  the  leaders  were  Francis 
Place,  a  master  tailor,  J.  R.  McCulloch,  at  that  time  editor  of  a 
provincial  newspaper,  the  Scotsman,  and  Joseph  Hume,  a  mem- 
ber of  Parliament  and  a  leader  in  the  radical  party.  The  legisla- 
tion that  came  as  the  result  of  this  agitation  took  permanent 
form  in  the  act  of  1825  and  for  the  first  time  established  for 
workingmen  the  right  to  bargain  collectively  and  withhold  their 
labor  by  collective  action  for  the  purpose  of  securing  better 
wages  and  conditions  of  labor. 

It  will  not  be  necessary  to  trace  farther  the  events  in  England. 
Up  to  this  point  the  influence  upon  the  labor  movement  in 
America  was  very  direct.  In  fact,  it  may  be  regarded  as  a  part 
of  American  development.  The  legal  right  to  free  and  open 
association  did  not  come  in  England  until  conditions  in  the 
United  States  became  more  unlike  those  across  the  water.  Prior 
to  that  time  and  especially  during  the  long  colonial  period  the 
law,  the  precedents,  the  traditions  and  the  spirit,  if  not  the  con- 
ditions, were  essentially  the  same  in  the  two  countries.  These 
traditions  of  English  law  determined  the  legal  attitude  in  the 
colonies  and  later  in  the  commonwealths.  The  traditions  in 
the  minds  of  laborers,  established  in  generations  of  experience, 
determined  also  the  attitude  of  working  classes  in  the  same  way. 
The  spirit  of  organized  labor  in  America  to-day  is  very  deeply 
colored  by  the  knowledge  of  these  past  experiences  in  which 
leaders  are  very  well  versed  and  upon  which  they  continually 
draw  for  material  to  influence  their  followers.  While  one  need 
not  look  behind  the  present  to  find  conditions  that  account 
very  naturally  for  the  existence  of  antagonism  between  em- 
ployer and  employee,  these  do  not  explain  it  fully.  To  the  legal 
opposition  of  former  centuries  one  must  look  to  explain  the 
extent  to  which  rigid  discipline  is  maintained  within  the  organi- 
zation and  upon  all  the  members,  and  the  arbitrary  manner 
in  which  laborers  are  treated  who  either  refuse  or  are  not  al- 
lowed to  become  members.  To  the  necessity  for  a  vigorous 
fighting  organization,  a  present  day  need,  must  be  added  the 
lessons  deeply  inculcated  through  the  need  for  secrecy  and  all 
that  it  implied  in  rigorous  discipline,  arbitrary  leadership  and 
unquestioning  submission  to  its  dictation. 


1 8     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

From  this  brief  description  it  will  appear  evident  that  to 
comprehend  the  movement  of  organized  labor  it  is  necessary 
to  know  something  of  its  beginnings.  Despair  figured  largely 
in  its  inception.  A  fight  against  the  inevitable  with  the  dogged 
spirit  that  such  a  fight  engenders  marks  the  beginnings  of  this 
struggle  and  has  left  its  impression  upon  the  spirit  of  the  or- 
ganization even  to  the  present. 


CHAPTER  II 
BEGINNINGS  IN  AMERICA 

English  Influence.  —  In  the  first  chapter  the  account  related 
quite  entirely  to  conditions  in  England.  These  events  are  of 
value  in  explaining  the  development  of  the  movement  in  Amer- 
ica as  well.  It  must  be  remembered  that  so  far  as  legal  prece- 
dents and  political  principles  are  concerned  their  effects  were 
practically  the  same.  Experiences  of  workingmen,  stored  away 
and  preserved  as  traditions,  were  potent  in  shaping  mental 
attitude.  The  period  of  early  colonization  ran  parallel  with  the 
economic  conditions  in  England  with  but  little  division  of  labor 
and  less  division  of  industrial  functions.  There  were  the  guild 
control,  or  at  least,  distinct  traces  of  it;  developing  commercial 
activity,  both  encouraged  and  controlled  by  English  colonial 
policy;  and  the  century-old  methods  of  agriculture.  Settlers 
came  with  habits  formed  by  these  activities  and  views  shaped 
by  tradition.  Industrial  motives,  as  compared  with  religious 
and  political,  were  of  greater  importance  in  colonization  than 
has  yet  been  generally  recognized.  These  motives  induced 
large  numbers  of  settlers  to  come  to  the  new  world.  During 
the  succeeding  century  when  communication  with  England 
was  closer  and  new  colonists  were  continually  arriving,  the 
policy  of  suppression  was  in  vogue  in  the  mother  country, 
culminating  in  the  sweeping  legislation  of  1799  and  1800  con- 
demning all  combinations  to  affect  wages  as  being  "in  restraint 
of  trade." 

Effects  in  America.  —  Here  in  America  the  conflict  was  re- 
peated. Statutes  were  enacted  regulating  rates  of  wages,  pro- 
viding punishment  for  those  who  refused  to  work  for  the  cus- 
tomary wage,  and  fixing  prices  of  staples.  These  enactments 
came  just  at  the  breaking  up  of  the  period  to  which  they  were 
adapted  and  were  of  little  if  any  practical  importance  in  effect- 
ive regulation.  It  is  doubtful  if  they  were  enforced  very  gen- 
erally.    Their  passage,  however,  indicates  that  the  theory  of 

19 


20     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

government  supervision  and  regulation  was  still  accepted  while 
in  practice  there  was  lax  enforcement  and  a  growing  tendency 
toward  more  open  bargaining.  The  development  in  the  colo- 
nies is  an  epitome  extending  over  a  comparatively  brief  period 
but  including  all  the  essential  stages  of  the  slower  development 
in  England.  In  1648  two  guild  charters  were  granted  by  the 
Massachusetts  Bay  Colony,  one  to  the  shoemakers  and  the  other 
to  the  coopers  of  Boston.  These  guilds  were  composed  of  both 
masters  and  journeymen.  Passing  through  the  several  stages 
that  marked  the  final  breaking  up  of  the  guilds  there  evolved 
later  the  subdivision  of  functions  culminating  in  the  different 
groups  as  separate  classes  organized  by  themselves:  the  Society 
of  Master  Cordwainers,  the  Federal  Society  of  Journeymen 
Cordwainers,  the  United  Beneficial  Society  of  Journeymen 
Cordwainers,  —  all  within  the  shoe  industry.  These  stages  of 
development  were  determined,  as  has  already  been  said,  by 
traditions  brought  from  the  home  land  and  were  modified  in 
their  detail  by  the  newness  of  environing  conditions  in  colonial 
life,  the  absence  of  cumulative  precedent  with  its  powerful 
binding  force  as  it  prevailed  in  England,  the  spirit  of  inde- 
pendence and  self-assurance  that  dominated  the  settlers,  and 
the  near  approach  to  a  feeling  of  equality  that  tended  to  obliter- 
ate lines  of  class  distinction.  The  events  of  this  development, 
so  far  as  they  are  known,  have  been  pieced  together  by  Professor 
Commons  into  a  very  complete  story  of  the  origin  and  develop- 
ment of  the  shoe  industry  in  America  from  1648  to  1895,  in 
the  first  part  of  which  appears  the  account  of  the  beginnings 
of  capital  activity  through  the  accumulation  of  stock,  the  going 
out  after  trade,  the  organization  of  the  business  so  as  to  pro- 
vide shoes  of  different  grades  of  workmanship,  booking  orders 
that  could  not  be  filled  without  a  differentiation  of  the  labor 
in  respect  of  skill  and  wages,  all  of  which  opened  the  way  for 
the  most  aggressive  to  become  entrepreneurs  and  leaving  those 
who  lacked  initiative  to  become  workmen.  Closing  the  account, 
the  author  adds:  "Thus  have  American  shoemakers  epitomized 
American  industrial  history.  Common  to  all  industries  is  the 
historical  extension  of  markets.  Variation  of  form,  factors  and 
rates  of  progress  change  the  picture  but  not  the  vital  force. 
The  shoemakers  have  pioneered  and  left  legible  records.  Their 
career  is  'interpretative'  if  not  typical."    Here  is  repeated  the 


BEGINNINGS  IN  AMERICA  21 

story  of  the  closing  of  the  door  of  opportunity  to  the  less  ef- 
ficient, or  those  least  able  to  keep  up  with  the  developments 
in  the  expanding  industry,  and  the  increasing  necessity  for 
them  to  remain  wage  earners.  The  development  of  the  com- 
mon interests,  the  meetings  at  which  such  interests  were  dis- 
cussed, and  the  beginnings  of  permanency  in  associations 
thus  formed  are  familiar  after  the  events  related  in  the  first 
chapter. 

FIRST   PERIOD 

To  sketch  in  brief  the  history  of  organized  labor  in  America 
is  a  difficult  task.  The  time  has  not  yet  come  when  the  story 
may  be  told  in  its  final  form.  Some  further  agreement  in  defini- 
tion of  terms  is  necessary.  There  must  also  be  a  clearer  limita- 
tion of  periods.  New  material  is  being  brought  to  fight  that 
reveals  new  facts  or  modifies  the  truth  of  what  formerly  has 
been  regarded  as  settled.  The  progress  of  labor's  development, 
however,  lies  along  a  path  the  high  points  of  which  may  be 
indicated  though  the  intervening  portions  may  remain  for  the 
present  in  part  unrevealed. 

Taking  the  first  period  of  our  industrial  history  as  coming  to 
a  close  with  the  war  of  1812,  there  were  present  in  the  field  of 
labor  most  of  the  colonial  influences  that  shaped  all  phases  of 
industry.  Remnants  of  guild  organization,  influences  from  Eng- 
land through  the  close  political  ties  with  the  mother  country 
(until  the  Revolution  severed  them)  and  the  effects  of  England's 
trade  policy  that  continued  until  the  second  war,  the  newness  of 
the  settlements,  the  free  public  land,  the  dominating  influence 
of  agriculture,  the  sparse  population  scattered  on  the  land  be- 
cause of  the  absence  of  capital, — all  these  conditions  were  in- 
strumental in  keeping  the  population  homogeneous  and  their 
interests  harmonious.  In  all  this  situation  the  differentiation  of 
function  had  not  proceeded  to  the  point  where  the  master  and 
journeyman  were  of  two  separate  classes.  The  door  of  opportu- 
nity was  still  open  to  the  journeyman.  By  skill,  application  and 
initiative  he  could  become  a  master  in  his  turn.  This  condition 
made  the  journeyman  stage  an  apprenticeship,  in  fact  a  stepping 
stone  to  a  higher  economic  plane. 

Organizations.  —  In  this  period  there  were  organizations 
among  laborers,  just  as  there  were  organizations  in  other  groups. 


22     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

They  had  trade  interests  to  protect  and  the  purpose  of  the  as- 
sociation was  to  protect  them.  A  reduction  in  rate  of  wages 
would  not  infrequently  cause  such  an  association  to  be  formed. 
Constitutions  and  by  laws  were  adopted  and  put  into  operation. 
The  effort  was  quite  generally  turned  in  the  direction  of  securing 
what  now  would  be  called  the  "closed  shop."  At  least  those 
societies  that  have  left  any  trace  have  done  so  through  this  sort 
of  struggle.  One  of  the  rules  was  that  members  of  the  society 
should  not  work  for  any  master  who  employed  a  journeyman 
not  a  member  of  the  organization.  This  policy  on  the  part  of 
these  early  societies  was  of  course  resisted  and  denounced  with 
vigor,  as  the  records  abundantly  show. 

In  this  period,  then,  is  to  be  found  a  laboring  population,  with 
some  degree  of  organization.  The  laborers  had  not  yet  become  a 
class  with  class-conscious  motives.  The  organization  was  tran- 
sient and  local.  There  was  no  labor  movement.  Traces  of 
what  was  later  to  develop  into  a  movement  may,  perhaps,  be 
found,  and  it  is  the  discovery  of  these  traces  that  probably  leads 
some  writers  erroneously  to  speak  of  this  period  as  "The  In- 
ception of  the  Labor  Movement."  "Little  or  nothing  was  heard 
of  labor  organizations  in  America  one  hundred  years  ago," 
writes  Professor  Ely,  in  1886  in  The  Labor  Movement.  "I  find 
no  traces  of  anything  like  a  modern  trades-union  in  the  colonial 
period  of  American  history,  and  it  is  evident  on  reflection  that 
there  was  little  need,  if  any,  of  organization  on  the  part  of 
labor  at  that  time." 

Early  Societies.  —  Among  these  early  societies,  most  were 
formed  toward  the  close  of  the  period.  The  society  of  ship 
calkers,  known  as  the  Calkers'  Club,  existed  as  early  as  1724.  Its 
name  would  indicate  that  it  was  a  trade  society,  but  its  purpose 
was  in  fact  largely  to  control  the  selection  of  political  officers. 
It  was  a  political  society.  Not  until  the  opening  years  of  the 
nineteenth  century  did  trade  societies  appear  in  any  number. 
In  1803  the  New  York  Society  of  Journeymen  Shipwrights 
was  incorporated.  In  the  same  city  three  years  later  the  house 
carpenters  were  organized.  The  same  year  witnessed  the  for- 
mation of  a  society  of  tailors.  While  the  close  of  this  period 
has  been  arbitrarily  fixed  with  the  war  of  1812,  the  influences 
continued  a  few  years  after  the  war.  In  1819  an  association  of 
hatters  was  organized,  and  in  1822  the  shipwrights  organized 


BEGINNINGS  IN  AMERICA  23 

under  the  formidable  name  of  Columbian  Charitable  Society 
of  Shipwrights  and  Calkers  of  Boston  and  Charlestown.  This 
society  was  chartered  by  the  state  legislature  in  the  following 
year.  The  compositors  of  New  York  were  organized  in  the 
early  years  of  the  century  as  the  New  York  Typographical 
Society.  The  exact  date  is  not  known,  though  Thurlow  Weed 
was  elected  to  membership  in  18 17. 

SECOND   PERIOD 

The  second  period  of  our  industrial  growth  extends  from  the 
war  of  181 2  to  the  Civil  War.  In  industry  its  characteristics 
were  the  growth  of  the  factory  system  and  the  beginnings  of  the 
aggregation  of  capital.  This  development  was  influenced  on 
the  financial  and  political  side  by  important  developments  that 
have  left  their  permanent  impress  upon  the  period,  such  as  the 
irregularity  in  banking  laws  and  practices,  variation  in  prices, 
the  differing  policies  in  controlling  the  public  lands,  the  tariff 
changes,  the  extension  of  the  suffrage,  and  finally  the  growing 
importance  of  the  slavery  controversy.  It  was,  especially  in 
the  first  half,  an  era  of  active  political  discussion  with  great 
issues  of  moral  reform  that  touched  very  intimately  the  lives  of 
all  classes.  In  this  agitation  the  workers  were  directly  interested 
and  took  a  very  active  part. 

Moral  Awakening.  —  Efforts  to  assign  definite  causes  for  this 
period  of  general  moral  awakening  have  met  with  but  partial 
success.  Doubtless  many  agencies  worked  together  to  bring 
about  one  of  those  eras  that  every  people  experiences  at  inter- 
vals, a  period  of  awakening  moral  sense  and  a  more  searching 
examination  into  existing  conditions. 

Communism.  —  The  forces  of  the  period  were  cumulative  and 
did  not  begin  to  assert  themselves  in  a  noticeable  way  until 
about  1825.  The  situation  was  favorable  to  the  visit  in  1824 
of  Robert  Owen,  the  manufacturer,  philanthropist,  reformer  and 
social  experimenter,  who  had  already  made  his  influence  felt 
in  England  and  whose  fame  preceded  him  to  America.  He  was 
received  with  enthusiasm  and  listened  to  with  thoughtful 
attention.  His  plans  were  adopted  by  some  of  his  most  ardent 
admirers  and  American  life  had  its  experiences  in  Communistic 
settlements.    Owen  brought  a  message  of  universal  brotherhood 


24     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  preached  it  with  great  earnestness.  Fourierism  added  to 
the  strength  of  the  current  of  the  movement  and  led  to  the  two 
notable  experiments;  New  Harmony,  established  under  the 
immediate  direction  of  Owen,  and  Brook  Farm,  an  experiment 
more  directly  connected  with  the  teachings  of  Fourier.  In 
addition  to  these  two  there  were  during  the  years  that  immedi- 
ately followed  probably  no  less  than  two  hundred  other  set- 
tlements in  different  parts  of  the  country.  None  of  them  proved 
to  be  long  lived.  Their  influence,  however,  was  more  enduring, 
continuing  for  a  quarter  of  a  century  or  more.  Owen  directed 
attention  particularly  to  the  lives  of  the  laboring  classes.  His 
experiments  were  made  in  their  behalf.  It  was  they  whom  he 
interested  particularly. 

The  Suffrage. — Another  fact  of  immediate  importance  in 
this  connection  was  the  general  extension  of  the  suffrage  at  the 
beginning  of  the  period.  The  laborer  profited  most  by  the 
change.    A  new  door  of  opportunity  was  opened  to  him. 

Thus  were  brought  together  the  three  factors  that  determined 
the  course  of  the  labor  development  for  the  period.  The  general 
moral  awakening  afforded  the  nourishing  atmosphere  for  the 
movement.  Owen's  agitation  directed  attention  to  the  needs 
of  the  workers  in  particular  and  to  some  plans  for  satisfying 
these  needs.  Finally  the  ballot  appeared  as  the  instrument  by 
which  these  advantages  were  to  be  secured. 

Various  Reforms  Advocated. —  By  no  means  must  it  be  con- 
cluded that  the  agitation  of  the  period  centered  about  the  or- 
ganization of  labor.  This  was  but  one  of  the  issues  and  at  first 
hardly  heard  of.  No  period  of  our  history  has  surpassed  this  in 
the  number  of  issues  and  the  amount  of  discussion  called  forth. 
The  period,  says  Professor  Commons,  "far  outran  the  other 
periods  in  its  unbounded  loquacity,"  in  which  "a  medley  of 
movements"  were  topics  for  discussion.  "It  was  the  golden  age 
of  the  talk-fest,  the  lyceum,  the  brotherhood  of  man — the  'hot 
air'  period  of  American  history,"  with  Robert  Owen  the  inspirer 
and  Horace  Greeley  its  "prophet,"  the  "Tribune  of  the  People." 

This  is  not  the  place  to  enter  upon  a  discussion  of  the  reforms 
inaugurated  during  this  interesting  period  of  American  history. 
Yet  a  brief  recital  of  some  of  them  shows  the  scope  of  the  agita- 
tion. In  addition  to  slavery  there  were  woman's  suffrage, 
mechanics'  lien,  reform  of  the  militia  system,  shorter  hours  of 


BEGINNINGS  IN  AMERICA  25 

work,  abolition  of  imprisonment  for  debt,  exemption  laws,  land 
reforms,  a  general  bankrupt  law,  free  schools,  abolition  of 
lotteries  and  the  auction  system. 

Prices.  —  It  was  with  this  background  of  development  that 
labor  organizations  were  supported  in  this  period  of  their  his- 
tory. A  situation  more  immediately  affecting  their  progress 
was  the  change  in  prices  and  the  variable  prosperity  of  the 
period.  The  editors  of  the  Documentary  History  of  American 
Industrial  Society  attach  such  importance  to  these  that  the 
periods  are  divided  with  reference  to  them.  "Each  upward 
turn  of  the  curve  of  prices  points  to  a  period  of  business  pros- 
perity, each  pinnacle  is  a  commercial  crisis,  and  each  down- 
ward bend  is  an  index  of  industrial  depression.  During  the 
time  when  the  level  of  prices  is  rising,  employers  generally 
are  making  profits,  are  multiplying  sales,  are  enlarging  their 
capital,  are  running  full  time  and  overtime,  are  calling  for 
more  labor,  and  are  able  to  pay  higher  wages.  On  the  other 
hand,  the  cost  of  living  and  the  hours  of  labor  are  increased, 
and  workmen,  first  as  individuals,  then  as  organizations,  are 
impelled  to  demand  both  higher  wages  and  reduced  hours. 
Consequently,  after  prices  are  well  on  the  way  upward  the 
'labor  movement'  emerges  in  the  form  of  unions  and  strikes, 
and  these  are  at  first  successful.  Then  the  employers  begin 
their  counter-organization,  and  the  courts  are  appealed  to. 
The  unions  are  sooner  or  later  defeated,  and  when  the  period 
of  depression  ensues,  with  its  widespread  unemployment,  the 
labor  movement  either  subsides  or  changes  its  form  to  polit- 
ical or  socialistic  agitation,  to  ventures  in  cooperation  or  com- 
munism, or  to  other  panaceas.  This  cycle  has  been  so  consist- 
ently repeated,  although  with  varying  shades  and  details, 
that  it  has  compelled  recognition  in  the  selection  and  editing 
of  the  documents  of  this  series." 

Characteristics  of  the  Period.  —  Although  this  middle  pe- 
riod is  the  period  of  the  beginning  of  labor  problems  and  labor 
organization,  it  must  not  be  inferred  that  either  problems  or 
organizations  were  the  same  as  to-day.  The  problems  were 
those  of  a  new  country.  The  organizations  were  of  quite  a 
different  type,  combining,  especially  in  the  earlier  part  of  the 
period,  much  more  of  the  political  than  those  of  the  later  time. 
The  new  country  made  the  United  States  a  "land  of  promise" 


26     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

for  laborers.  They  were  so  much  aware  of  their  position  that 
their  attitude  impressed  visitors  from  Europe  as  striking.  These 
men  formed  associations,  as  did  all  other  men,  for  a  great  va- 
riety of  purposes.  DeTocqueville  was  impressed  with  our  ge- 
nius for  association.  "Americans  of  all  ages,  all  conditions  and 
all  dispositions  constantly  form  associations.  They  have  not 
only  commercial  and  manufacturing  companies,  in  which  all 
take  part,  but  associations  of  a  thousand  other  kinds,  —  re- 
ligious, moral,  serious,  futile,  general  or  restricted,  enormous 
or  diminutive.  .  .  .  Wherever,  at  the  head  of  some  new  under- 
taking, you  see  the  Government  in  France,  or  a  man  of  rank 
in  England,  in  the  United  States  you  will  be  sure  to  find  an 
association.  .  .  .  The  English  often  perform  great  things  sin- 
gle, whereas  the  Americans  form  associations  for  the  smallest 
undertakings."  The  unusual  degree  of  independence  of  the 
workingmen  impressed  those  who  were  more  accustomed  to 
the  conditions  in  Europe.  Martineau  notes  that  "There  are 
troubles  between  employers  and  their  workmen  in  the  United 
States,  as  elsewhere;  but  the  case  of  the  men  is  so  much  more 
in  their  own  hands  there  than  where  labor  superabounds,  that 
strikes  are  of  a  very  short  duration.  .  .  .  All  the  strikes  I 
heard  of  were  on  the  question  of  hours,  not  of  wages."  The 
same  idea  is  found  again  in  the  following  description  written 
in  1823,  "It  must  not  be  dissembled  that  there  are  circumstances 
which  render  it  disagreeable  to  carry  on  manufactures  in  Amer- 
ica. The  workmen  are  under  very  little  subjection:  sometimes 
they  are  absent  from  their  work  for  several  days,  to  the  great 
detriment  of  the  employer;  but  should  they  be  reprimanded,  it 
might  cause  the  proprietor  to  be  insulted;  and  the  indignation 
of  the  working  people  in  this  land  of  equality  is  really  to  be 
dreaded.  Those  workmen  who  are  attentive  and  of  economical 
habits  soon  acquire  a  little  property,  and  with  this  they  buy  land 
and  quit  their  former  employers,  for  all  species  of  servitude 
is  disliked  in  the  United  States." 

Workers  and  Non-Workers.  —  In  order  to  understand  fur- 
ther the  nature  of  the  problems  of  this  period,  it  must  be  under- 
stood that  the  movement  was  not  so  much  one  of  the  working- 
men  against  their  employers.  It  was  rather  a  demonstration 
by  the  workers  against  the  non-workers.  Industry  had  not 
developed  to  the  point  where  it  was  no  longer  within  the  ex- 


BEGINNINGS  IN  AMERICA  27 

pectation  of  the  journeyman  to  become  a  master,  or  of  the 
workman  to  become  a  small  employer.  The  free  or  cheap 
land  contributed  much  to  this  feeling  of  independence  and 
helped  to  continue  a  feeling  of  common  interest  between  all 
those  who  worked.  Improved  methods  of  transportation,  the 
wider  use  of  credit  through  the  increasing  number  of  banks  and 
other  agencies  that  widened  the  market  had  resulted  in  the 
differentiation  of  the  "merchant-capitalist"  who  was  in  posi- 
tion to  dictate  conditions  to  both  the  journeyman  and  the 
master.  The  evidence  gathered  in  the  Documentary  History 
shows  that  the  journeymen  were  reluctant  to  break  away  from 
the  masters  and  at  the  same  time  the  masters  were  inclined 
to  choose  the  side  of  the  journeymen  against  the  capitalist. 
"We  would  not  be  too  severe  on  our  employers;  they  are  the 
slaves  to  the  capitalists  as  we  are  to  them."  "The  boss  is 
often  brought  back  to  journeywork  by  hard  luck,  and  the 
journeyman  may  expect  in  his  turn  to  become  an  employer, 
while  both  of  them  are  invariably  imposed  upon  and  treated 
as  if  belonging  to  an  inferior  grade  of  society  by  those  who 
live  without  labor." 

Taking  up  the  thread  of  association  it  is  found  that  in  a  sense 
it  was  continuous  from  the  former  period  into  the  one  under 
present  discussion.  These  earlier  associations  were  essentially 
transitory  and  local.  Some  of  them  have  been  aggressive, 
as  the  printers  (1786)  and  the  cordwainers  (1794).  These 
associations  were  limited  to  a  particular  trade.  Their  activity 
led  to  charges  against  them  at  court  and  to  trials  for  conspiracy. 
Yet  the  whole  difference  lies  in  the  statement  that  "an  isolated 
society  might  create  a  disturbance  —  not  until  it  united  with 
others  could  it  create  a  'movement.'" 

Labor  Literature.  —  During  this  period  appeared  the  begin- 
nings of  a  distinctly  labor  literature.  The  first  American  labor 
paper,  The  Mechanics'  Free  Press,  was  established  in  1828. 
In  the  following  year  the  two  brothers,  George  and  Frederick 
Evans,  who  had  come  to  America  five  years  before,  began  the 
publication  of  the  Working  Man's  Advocate.  Later  these  same 
men  edited  two  other  papers,  the  Daily  Sentinel  and  Young 
America. 

Organizations.  —  It  is  not  possible  to  describe  in  detail  the 
various  organizations  that  were  formed  in  this  awakening  pe- 


28     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

riod.  Brief  mention  of  the  more  important  ones  will  suffice 
to  show  how  the  spirit  of  the  day  expressed  itself.  The  first 
labor  movement  that  involved  more  than  a  single  trade  was 
the  Mechanics'  Union  of  Trade  Associations.  The  carpenters 
of  Philadelphia  had  struck  for  a  ten-hour  day  in  1827  and  had 
not  succeeded  in  carrying  their  point.  Other  trades  came 
to  the  support  of  the  carpenters  and  an  organization  was  effected. 
It  formed,  perhaps,  the  first  city  central  union.  It  is  probable 
that  at  one  time  it  embraced  as  many  as  fifteen  societies.  This 
union  went  into  politics  to  gain  its  ends.  It  undertook  the 
organization  of  a  Workingmen's  Party  and  named  candidates 
for  offices  at  elections.  This  it  continued  to  do  for  four  years 
until  after  the  election  of  1831.  After  this  date  it  disappeared. 
The  withdrawal  is  said  "  not  to  have  been  due  to  defeat  but 
to  two  other  causes:  first,  discouragement  over  inability  to 
increase  the  voting  strength  of  the  party  beyond  a  certain 
fixed  point  (a  maximum  of  from  800  to  1,000);  and,  second, 
the  overshadowing  importance  during  the  next  year  of  ques- 
tions of  national  politics  upon  which  the  working  men  had 
from  the  beginning  declared  themselves  neutral." 

The  First  Trades'  Union.  —  A  further  interest  attaches  to 
this  particular  organization.  It  can  lay  a  valid  claim  to  being 
the  first  trades'  union;  not  alone  the  first  in  America,  but  the 
first  of  its  kind  in  any  country.  Inasmuch  as  this  origin  has 
been  commonly  associated  with  England,  the  contention  of 
Professor  Commons  is  important.  "England  is  considered  the 
home  of  trade-unionism,  but  the  distinction  belongs  to  Philadel- 
phia. The  first  trades'  union  in  England  was  that  of  Manchester, 
organized  in  1829,  although  there  seems  to  have  been  an  at- 
tempt to  organize  one  in  1824.  But  the  first  one  in  America 
was  the  'Mechanics'  Union  of  Trade  Associations,'  organized 
in  Philadelphia  in  1827,  two  years  earlier.  The  name  came  from 
Manchester,  but  the  thing  from  Philadelphia.  Neither  union 
lasted  long.  The  Manchester  union  lived  two  years  and  the 
Philadelphia  union  one  year.  But  the  Manchester  union  died 
and  the  Philadelphia  union  metamorphosed  into  politics.  Here 
again  Philadelphia  was  the  pioneer,  for  it  called  into  being  the 
first  labor  party.  Not  only  this,  but  through  the  Mechanics' 
Union  Philadelphia  started  probably  the  first  wage-earners' 
paper  ever  published,  —  The  Mechanics'  Free  Press,  —  ante- 


BEGINNINGS  IN  AMERICA  29 

dating,  in  January,  1828,  the  first  similar  journal  in  England 
by  two  years." 

Workingmen's  Parties.  —  In  1829  began  the  existence  of 
the  Working  Men's  Party  of  New  York.  This  organization  ex- 
tended rapidly  and  in  the  next  year  it  was  found  throughout 
the  state  generally.  Its  struggle  was  essentially  to  retain  the 
ten-hour  day  already  generally  secured  in  some  of  the  trades. 
It  put  in  nomination  candidates  for  political  office  including 
a  nomination  for  governor  of  the  state.  Its  success  was  not 
great  as  it  polled  less  than  3,000  votes.  It  ran  upon  the  rocks 
of  factionalism  and  was  split  into  three  different  organizations, 
which  later  were  absorbed  by  the  larger  regular  parties.  In 
New  England  the  movement  took  on  a  more  general  form  as  is 
indicated  in  the  name  of  the  organization:  The  New  England 
Association  of  Farmers,  Mechanics  and  Other  Working  Men. 
This  association  spread  to  all  of  the  New  England  states  except 
New  Hampshire.  It  even  went  so  far  as  to  discuss  the  plan  of 
calling  a  national  convention.  The  movement  yielded  to  the 
tendency  toward  trade  unions  with  the  more  definite  demands 
of  trade  policy.  The  conventions  of  this  association  entered 
upon  the  discussion  of  the  general  program  of  reform  embracing 
all  of  its  main  features.  It  included  such  topics  as  the  relation 
of  employer  and  employee,  the  ten-hour  day,  the  right  of  la- 
borers to  organize  to  protect  their  interests  and  the  probability 
of  trades  unions  as  a  factor  in  diminishing  strikes  and  lockouts. 

In  New  York,  in  1833,  was  repeated  the  experience  of  Phila- 
delphia a  few  years  before.  The  carpenters  struck.  Several 
other  trades  came  to  their  support.  The  printers,  taking  the 
lead,  called  a  convention  of  all  trades  and  nine  societies  re- 
sponded by  sending  delegates.  Thus  was  formed  the  General 
Trades'  Union  of  New  York  and  Vicinity.  The  activities  of 
this  association  were  not  so  generally  political.  Conventions 
were  held  annually.  The  second  year  of  its  existence  twenty- 
one  societies  were  represented.  The  next  year  the  numbers 
were  swelled  by  representation  from  Newark  and  a  monster 
procession  was  organized  "a  mile  and  a  half  long."  The  asso- 
ciation was  particularly  active  in  supporting  strikes,  sending 
aid  and  encouragement  as  far  away  as  Boston  and  Philadelphia. 
So  aggressive  was  it  that  a  case  was  made  in  court  charging 
the  leaders  with  conspiracy.     Twenty  of  them  were  arrested 


30     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  convicted.  The  outcome  of  this  trial  was  the  convening 
of  a  mass  meeting  of  protest  with  27,000  in  attendance,  and 
the  formation  of  a  party,  the  Equal  Rights  Party,  demanding 
especially  the  repeal  of  the  conspiracy  laws  and  the  reform  of 
the  judicial  system.    Thus  again  the  movement  ended  in  politics. 

A  companion  to  this  organization  was  the  one  in  Philadelphia, 
the  General  Trades'  Union  of  the  City  and  County  of  Phila- 
delphia, formed  in  1833.  This  began  with  the  factory  operatives 
and  was  taken  up  by  the  mechanics.  It  began  with  the  union 
of  twelve  societies  and  by  1836  it  numbered  fifty  societies  with 
10,000  members.  It  was  aggressive  in  the  support  of  strikes 
and  generally  successful.  Its  existence  continued  until  1839. 
The  minutes  show  it  to  have  been  "a  very  active  and  very 
powerful  force  in  the  industrial  life  of  Philadelphia."  These 
may  be  taken  as  typical  of  trades  unions  formed  in  other  cities 
during  the  decade  prior  to  1837. 

National  Organizations.  —  The  natural  outcome  of  these 
various  trades  unions  was  the  formation  of  one  on  a  national 
scale.  In  1834  an  invitation  was  sent  out  from  the  General 
Trades'  Union  of  the  City  of  New  York  and  Vicinity  for  a  dele- 
gate convention  to  meet  in  New  York.  The  first  response  was  a 
meeting  with  thirty  delegates.  Its  purpose  was  purely  discus- 
sion. The  constitution  that  it  adopted  created  merely  a 
national  medium  of  agitation  with  no  administrative  or  dis- 
ciplinary control  over  locals.  Finding  that  its  suggestions  were 
not  acted  upon,  the  third  convention  revised  the  constitution 
making  an  organic  change  in  the  nature  of  the  organization. 
The  national  union  was  strengthened.  Its  acts  were  no  longer 
merely  advisory;  they  were  binding  upon  the  locals.  It  also 
instituted  a  stronger  financial  control.  Thus  in  a  smaller  way 
was  repeated  the  experiences  of  the  nation  under  its  Articles 
of  Confederation  and  the  "critical  period"  resulting  in  the  new 
constitution.  The  new  strength  of  the  union  was  almost  im- 
mediately turned  in  the  direction  of  the  support  of  strikes. 
The  extent  of  this  union  was  not  national  in  much  more  than 
name.  It  was,  according  to  the  Documentary  History,  "merely 
an  union  of  what  would  now  be  called  '  city  central  bodies '  and 
of  local  trade  unions.  No  provision  was  made  for  the  represen- 
tation of  national  trade  unions."  The  organization  disappeared 
in  the  panic  of  1837. 


BEGINNINGS  IN  AMERICA  31 

An  outgrowth  of  the  National  Trades'  Union  was  the  forma- 
tion of  national  trade  unions.  Following  a  meeting  of  the 
convention  of  the  former  in  1835  the  cordwainers  who  were 
in  attendance  remained  and  began  organizing  their  trade  on  a 
national  scale.  Their  first  convention  was  held  in  the  following 
year.  Its  constitution  made  special  provision  for  the  support 
of  strikes  that  were  undertaken  by  any  of  the  associations  in 
the  union.  Forty-five  delegates  were  in  attendance  represent- 
ing five  states.  It  is  known  that  calls  were  issued  for  subse- 
quent conventions  but  no  record  is  found  to  show  that  the  con- 
ventions met.  In  the  next  two  years  at  least  five  national  trade 
unions  were  formed  by  uniting  local  trade  societies  within  each 
trade.    The  panic  of  1837  checked  this  movement. 

Two  Classes.  —  It  will  be  noticed  that  the  nature  of  these 
associations  makes  it  possible  to  divide  them  into  two  quite 
distinct  classes.  The  earlier  ones  looked  more  directly  to  polit- 
ical action  as  the  best  means  of  accomplishing  the  purposes. 
Later  the  political  nature  yielded  to  the  more  limited  policy 
of  union  activity  through  methods  such  as  the  strike  and  the 
attendant  activities  of  collective  bargaining.  The  fate  of  the 
earlier  associations  was  a  lesson,  and  guided  by  this  experience 
they  refrained  from  entering  upon  political  or  party  contests. 
The  democratic  spirit  and  the  optimistic  attitude  toward  the 
possibilities  of  the  ballot  were  followed  by  the  sobering  effects 
of  experience  and  the  newer  policies  were  turned  to  quite  uni- 
formly. The  material  gathered  in  the  Documentary  History 
leads  its  editors  to  name  the  year  1832  as  the  dividing  line  in 
these  activities.  The  more  distinct  trade  union  activities  ap- 
peared in  1833.  Out  of  the  agitation  of  this  period  came  the 
more  vigorous  action  of  the  new  trades  unions.  "Although 
the  trades  unions  existed  prior  to  1835,  it  was  not  until  that 
year,  with  its  rise  in  prices,  that  they  awoke  to  vigorous  action." 

Number  of  Members.  —  It  is  quite  impossible  to  give  an  ac- 
curate idea  of  the  number  of  the  membership  of  societies  in  this 
period.  Some  facts  are  doubtless  interpretative,  however.  In 
some  cities  the  ratio  of  members  to  non-members  among  working- 
men  was  as  high  as  it  is  at  present.  In  1836  the  trades  unions  of 
Philadelphia  consisted  of  forty-eight  separate  and  independent 
societies.  Two  of  these  claimed  to  have  goo  members  each  and 
four  more  claimed  700  each.    At  the  time  of  the  formation  of 


32     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  National  Trades'  Union,  in  1834,  it  was  estimated  that  there 
were  26,250  members  of  societies,  distributed  as  follows:  New 
York  and  Brooklyn,  11,500;  Philadelphia,  6,000;  Boston,  4,000; 
Baltimore,  3,500;  Newark,  750;  Washington,  500. 

A  Complex  Period.  —  During  the  latter  years  of  this  period 
the  forces  that  were  struggling  for  expression  were  numerous 
and  complex.  Owen's  return  to  America  in  1840  was  marked  by 
a  revival  of  the  cooperative  and  associationist  philosophy.  El- 
eemosynary plans  in  considerable  variety  were  preached  and 
practiced.  Several  leaders  voiced  the  hopes  of  the  masses  in 
speech  and  writing  and  urged  that  steps  be  taken  toward  the 
realization  of  these  hopes.  The  detailed  analysis  of  these  forces 
can  find  no  space  in  this  brief  sketch.  The  various  plans  and 
theories  led  to  the  formation  of  numerous  organizations,  con- 
ventions, programs  and  settlements.  The  laborers  were  alive 
to  the  movement.  They  were  susceptible  to  every  new  thing  and 
among  them  were  found  followers  of  every  program.  "The 
whole  trade-union  movement  (of  1850),"  according  to  the  Doc- 
umentary History,  "in  New  York,  Boston  and  Pittsburgh  was 
permeated  with  the  idea  that  cooperation  offered  the  best  mode 
of  protection  to  workmen  and  the  ultimate  means  of  solution 
for  the  problems  of  labor." 

Accompanying  these  newer  movements  the  older  currents 
continued.  Newer  elements  came  in  to  reinforce  them.  At  the 
close  of  the  period  they  had  acquired  added  force  through  the 
formation  of  women's  organizations,  resulting  from  their  in- 
troduction into  industry  with  the  factory  and  its  machinery;  of 
organizations  of  unskilled  workmen  who  also  entered  the  field 
with  the  increasing  use  of  machinery;  and  of  organization  among 
foreigners  as  their  number  increased  through  the  immigration 
of  the  period.  The  tendency  toward  national  trade  associations 
was  quickened,  too,  through  the  widening  of  the  market  and  the 
area  of  competition  as  a  result  of  the  expansion  of  the  growing 
railway  systems. 

In  the  beginning  of  the  fifties  the  situation  changed  again  in 
the  direction  of  clearing  up  the  atmosphere.  The  confusion 
attendant  upon  the  large  number  of  reforms  and  the  conflicting 
claims  urged  in  their  favor  was  passing.  The  movement  of  the 
forties  combined  the  necessary  and  immediate  relief  measures 
such  as  the  strike  with  the  more  far-reaching  remedies  such  as 


BEGINNINGS  IN  AMERICA  33 

cooperation.  This  combination  disappeared  with  the  beginning 
of  the  fifties.  Rising  prices  forced  the  necessity  for  immediate 
results.  In  response  to  its  demands  the  workingmen  "broke 
away  from  the  beneficial  and  cooperative  sideshows  of  the  pre- 
ceding ten  years." 

THIRD   PERIOD 

But  for  the  interruption  of  the  Civil  War  the  beginnings  of  the 
present  period  might  have  been  dated  earlier.  Already,  in  1855, 
the  change  was  becoming  evident.  Trade  unionism  was  taking 
on  its  modern  form  and  policies.  The  wave  of  general  reform 
was  passing  and  the  undercurrent  beginning  again  to  assert  its 
force.  Joined  with  the  forces  that  had  been  slowly  gathering 
momentum  during  the  period  of  confusion  it  appeared  as  a  new 
type,  a  "pure  and  simple"  unionism.  Shorter  hours  and  higher 
pay,  formerly  the  leading  issues,  now  were  joined  to  issues  of  the 
minimum  wage,  the  closed  shop,  the  restriction  of  apprentices, 
and  the  secrecy  of  proceedings.  As  characterized  by  the  editors 
of  the  Documentary  History:  "It  steered  clear  of  all  programs  of 
social  and  political  reform,  and  confined  its  activities  to  improv- 
ing the  conditions  of  the  trade.  Its  main  weapon  was  the  strike; 
its  aim  to  establish  a  minimum  wage  for  the  trade  and  to  main- 
tain it  by  means  of  a  closed  shop.  This  new  and  limited  program 
made  possible  trade  agreements  between  unions  and  employers, 
which  fixed  for  a  stated  period  the  wages,  hours,  and  other  condi- 
tions of  employment." 

The  close  of  the  Civil  War  ushered  in  a  new  period  in  industry. 
Since  that  day  organization  has  been  the  magic  word  throughout 
the  entire  field.  Accompanying  the  centralization  of  industry 
into  large  units  there  has  been  a  rapid  concentration  of  labor 
organizations.  Locals  have  been  gathered  into  central  bodies; 
these,  in  turn,  into  state  federations  and  finally  into  great  na- 
tional organizations.  Along  trade  lines  also  the  locals  have  been 
gathered  up  into  great  national  and  international  unions  with  a 
jurisdiction  covering  the  United  States  and  Canada.  The  lines 
of  these  numerous  associations,  amalgamations  and  federations 
run  out  into  a  network  of  great  complexity. 

The  Beginnings.  —  The  beginnings  of  the  movement  extend 
back  into  the  years  just  preceding  the  war.  It  was  about  the 
year  1853  that  trade  unionism  took  on  its  modern  form  and 


34     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

policies.  The  oldest  union  now  in  existence  is  the  International 
Typographical  Union.  It  is  directly  connected  with  the  Na- 
tional Convention  of  Journeymen  Printers  that  met  in  1850. 
At  a  third  annual  meeting,  in  1852,  a  permanent  organization 
was  effected  under  the  name  of  the  National  Typographical 
Union.  In  1869  some  locals  from  Canada  were  admitted  and 
the  name  changed  to  the  International  Typographical  Union  of 
North  America.  In  the  early  years  of  this  period  the  combina- 
tion into  nationals  progressed  rapidly  for  so  early  a  date.  In 
1853  was  formed  the  Journeymen  Stonecutters  Association  of 
North  America.  Perhaps  the  next  oldest  society  is  among  the 
hatters.  In  1854  the  National  Trade  Association  of  Hat  Fin- 
ishers of  the  United  States  of  America  was  organized.  This 
union  continued  until  1868  when  a  part  withdrew,  following  the 
division  of  labor  in  the  trade,  and  formed  the  Silk  and  Fur  Hat 
Finishers  Trade  Association  of  the  United  States  of  America. 
One  year  later  the  United  States  Wool  Hat  Finishers  Association 
was  formed.  This  last  named  association  still  maintains  its 
separate  existence.  The  other  societies  have  disappeared  as  dis- 
tinct associations  and  have  reappeared  in  the  United  Hatters  of 
North  America.  This  union  claims  direct  lineage  with  the  earlier 
organizations  and  in  its  official  documents  gives  the  date  of  its 
birth  as  1854. 

In  1859  first  appeared  the  Iron  Molders  Union  of  North 
America.  The  Brotherhood  of  Locomotive  Engineers  was  or- 
ganized in  1863.  For  the  first  year  of  its  existence  it  was  known 
as  the  Brotherhood  of  the  Footboard.  Other  unions  of  the 
earlier  years  that  have  maintained  an  existence  to  the  present 
are  the  Cigar  Makers  International  Union  (1864);  Bricklayers, 
Masons  and  Plasterers  International  Union  (1865);  Order  of 
Railway  Conductors  of  America,  first  taking  the  name  of  Con- 
ductors Brotherhood  (1868);  Brotherhood  of  Locomotive  Fire- 
men and  Enginemen  (1873);  Amalgamated  Association  of  Iron 
and  Steel  Workers  (1876);  Granite  Cutters  International  Asso- 
ciation of  America  (1877);  United  Brotherhood  of  Carpenters 
and  Joiners  (1881);  Glass  Bottle  Blowers  Association  of  the 
United  States  and  Canada  (1876);  Operative  Plasterers  Inter- 
national Association  (1864);  Lake  Seamens  Union  (1863);  In- 
ternational Spinners  Union  (1878);  Machine  Printers  (Textile) 
Beneficial  Association  of  the  United  States  (1873).    By  i860,  as 


BEGINNINGS  IN  AMERICA  35 

Coman  says,  "more  than  a  score  "  of  unions  had  been  formed  and 
by  1866  "some  thirty  or  forty  national  trade  organizations" 
had  come  into  existence. 

An  examination  of  seventy-four  of  the  leading  unions  of  the 
present  day  shows  that  four  were  formed  prior  to  i860.  Six  were 
organized  during  the  decade  1860-1869.  In  the  seventies  six 
more  were  founded.  Prior  to  1880,  sixteen  were  permanently 
established. 

Though  there  were  many  instances  of  associations  of  laboring 
men  in  the  earlier  periods  that  have  been  reviewed,  these  must 
be  regarded  as  the  forerunners  of  the  present  movement,  not  as 
a  direct  part  of  it.  Whether  or  not  the  earlier  forms  be  regarded 
as  belonging  to  the  present  order  depends  upon  interpretation. 
That  there  were  associations  resembling  in  form  those  of  the 
present,  there  can  be  no  doubt.  If  the  situation  be  regarded  as 
a  definite  "movement,"  however,  it  cannot  be  so  readily  shown 
that  it  was  characteristic  of  the  earlier  forms  of  association.  It 
is  true  that  the  former  societies  served  as  precedents  for  the  later 
ones.  The  spirit,  however,  was  different,  as  was  the  scope  of 
the  organization  both  in  territorial  area  and  in  objects  to  be 
attained. 

Causes.  —  "  The  immediate  cause  of  the  organization  of  wage- 
labor,"  writes  Professor  Commons,  "was  the  rise  of  prices  and 
cost  of  living  which  began  with  the  disappearance  of  gold  and 
the  appearance  of  greenbacks  in  1862.  There  was  in  that  and 
the  preceding  years  practically  no  organization  of  labor  in  the 
United  States.  Four  national  unions  had  a  nominal  existence 
but  the  panic  and  depression  of  1857  had  nearly  eliminated  the 
local  unions  that  existed  before."  To  this  may  be  added  Pro- 
fessor Calender's  testimony.  "The  modern  labor  problem  can 
hardly  be  said  to  have  existed  in  America  until  after  the  middle 
of  the  nineteenth  century.  Before  that  time  the  American 
people  had  indeed  their  labor  problem  as  most  new  countries 
have,  but  it  was  something  quite  different  from  what  now  passes 
under  that  name." 

Decreasing  Opportunity.  —  Following  the  same  development 
as  in  England,  the  opportunities  for  advancement  were  growing 
less.  This  did  not  take  place  all  at  once,  and  so  it  is  not  easy  to 
fix  the  time  on  the  calendar  when  the  movement  of  organized 
labor  began.    As  the  situation  became  more  and  more  evident 


36     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

to  the  workingmen  in  larger  groups  the  development  of  the 
movement  became  more  and  more  evident  also.  The  situation 
in  England  is  described  at  length  by  the  Webbs. 

"The  explanation  of  the  tardy  growth  of  stable  combination 
among  hired  journeymen  is,  we  believe,  to  be  found  in  the  pros- 
pects of  economic  advancement  which  the  skilled  handicrafts- 
man still  possessed.  We  do  not  wish  to  suggest  the  existence  of 
any  Golden  Age  in  which  each  skilled  workman  was  his  own 
master,  and  the  wage  system  was  unknown.  The  earliest  records 
of  English  town  history  imply  the  presence  of  hired  journeymen 
who  were  not  always  contented  with  their  wages.  But  the  ap- 
prenticed journeyman  in  the  skilled  handicrafts  belonged, 
until  comparatively  modern  times,  to  the  same  social  grade  as 
his  employer,  and  was,  indeed,  usually  the  son  of  a  master  in  the 
same  or  an  analogous  trade.  So  long  as  industry  was  carried 
on  mainly  by  small  masters,  each  employing  but  one  or  two 
journeymen,  the  period  of  any  energetic  man's  service  as  a 
hired  wage  earner  cannot  normally  have  exceeded  a  few  years, 
and  the  industrious  apprentice  might  reasonably  hope,  if  not 
always  to  marry  his  master's  daughter,  at  any  rate  to  set  up  in 
business  for  himself.  Any  incipient  organization  would  always 
be  losing  its  oldest  and  most  capable  members,  and  would  of 
necessity  be  confined  ...  to  'the  young  people'  or  ...  to 
a  'race  at  once  youthful  and  unstable'  from  whose  inexperienced 
ranks  it  would  be  hard  to  draw  a  supply  of  good  Trade  Union 
leaders.  We  are  therefore  able  to  understand  how  it  is  that, 
while  industrial  oppression  belongs  to  all  ages,  it  is  not  until 
the  changing  conditions  of  industry  had  reduced  to  an  infinites- 
imal chance  the  journeyman's  prospect  of  becoming  himself 
a  master,  that  we  find  the  passage  of  ephemeral  combinations 
into  permanent  trade  societies." 

The  greater  industrial  advantages  together  with  the  changed 
economic  organization  in  America  made  the  development  of  this 
movement  unlike  that  of  England  in  many  important  partic- 
ulars. The  essential  elements,  however,  did  not  change  nor 
did  they  lose  their  effectiveness.  As  the  door  of  opportunity 
for  industrial  independence  slowly  closed  to  the  individual  in 
the  United  States,  the  more  or  less  loose  and  vague  associa- 
tions of  laborers  slowly  began  to  merge  into  positive  organiza- 
tions with  a  definite  common  purpose  and  an  increasing  unity. 


BEGINNINGS  IN  AMERICA  37 

Professor  Carlton,  reviewing  the  labor  literature  of  the  sixties, 
finds  an  editor  emphasizing  the  fact  that  the  workingmen  were 
slowly  abandoning  the  hope  of  becoming  capitalists.  "The  hope 
that  the  workingman  may  enter  this  circle  (of  capitalists  or  em- 
ployers) is  a  glittering  delusion  held  up  before  him  to  distract 
his  attention  from  the  real  object  of  his  interest."  And,  finally, 
only  about  ten  years  ago,  John  Mitchell  began  his  book  on  Or- 
ganized Labor  with  this  sentence:  "The  average  wage  earner 
has  made  up  his  mind  that  he  must  remain  a  wage  earner.  He 
has  given  up  the  hope  of  a  kingdom  to  come,  where  he  himself  will 
be  a  capitalist,  and  he  asks  that  the  reward  for  his  work  be  given 
to  him  as  a  workingman.  Singly,  he  has  been  too  weak  to  en- 
force his  just  demands  and  he  has  sought  strength  in  union  and 
has  associated  himself  into  labor  organizations." 

CONSPIRACY 

The  full  effects  of  early  events  upon  the  spirit  of  modern 
unionism  cannot  be  rightly  understood  without  reference  to 
early  conspiracy  laws.  These  laws  were  applied  to  associations 
of  laborers  in  such  a  way  as  to  cause  them  to  be  more  than  ever 
conscious  of  restrictions  upon  what  they  regarded  as  their 
liberties. 

Early  Developments.  —  Though  the  early  labor  associations 
were  not  formed  for  any  length  of  time,  their  activities  at- 
tracted attention  at  once  and  they  became  subject  to  legal 
consideration.  On  this  point  the  traditions  of  England  were 
important.  Several  trials  were  held  during  the  first  quarter  of 
the  nineteenth  century  in  which  English  law  figured  prominently. 
They  usually  involved  the  local  associations  that  were  most 
active,  such  as  boot  and  shoe  workers,  hat  makers,  tailors, 
spinners  and  weavers.  The  cases  were  tried  in  the  courts  of 
Philadelphia,  Pittsburgh,  Baltimore,  New  York,  Buffalo  and 
other  smaller  towns  in  the  same  states.  Eight  cases  were  against 
cordwainers  alone.  The  circumstances  of  these  cases  were  in 
general  the  same.  An  association  of  workingmen  had  been 
formed.  They  had  refused  to  work  except  for  the  wages  de- 
manded by  them  and  for  any  master  who  employed  any  work- 
man who  was  not  a  member  of  their  society.  In  one  instance  a 
case  was  brought  against  a  group  of  masters  who  had  joined 


38     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

in  reducing  wages  to  a  point  at  which  they  had  fixed  them  before 
they  had  been  compelled  by  a  strike  to  raise  them. 

In  these  trials  the  English  law  was  cited  to  show  that  the  acts 
charged  came  within  the  English  common  law  of  conspiracy  and 
that  this  law  was  binding  within  the  jurisdiction  of  the  Ameri- 
can court.  The  defense  generally  sought  to  establish  the  claim 
that  the  English  law  was  not  applicable  to  the  states,  as  the 
political  separation  had  severed  the  connection.  Arguments 
over  the  applicability  of  the  English  common  law  were  elaborate 
and  figured  prominently  especially  in  the  earlier  cases.  In  the 
outcome  the  legal  training  and  the  traditions  counted  heavily. 
The  English  law  of  conspiracy  was  held  to  be  in  force. 

In  the  charge  to  the  jury  in  the  earliest  of  these  cases  (Phila- 
delphia Cordwainers'  case,  1806)  the  Recorder  stated  that  "a 
combination  of  workmen  to  raise  their  wages  may  be  considered 
in  a  twofold  point  of  view:  one  is  to  benefit  themselves;  the 
other  is  to  injure  those  who  do  not  join  their  society.  The 
rule  of  law  condemns  both."  In  the  New  York  Cordwainers' 
case  (1809)  the  Mayor  in  his  charge  to  the  jury  declared:  " There 
were  two  points  of  view  in  which  the  offence  of  a  conspiracy  might 
be  considered ;  the  one  where  there  existed  a  combination  to  do  an 
act  unlawful  in  itself  to  the  prejudice  of  other  persons;  the  other 
where  the  act  done  or  the  object  of  it  was  not  unlawful,  but 
unlawful  means  were  used  to  accomplish  it.  As  to  the  first, 
there  could  be  no  doubt  that  a  combination  to  do  an  unlawful 
act  was  a  conspiracy.  The  second  depended  on  the  common 
principle  that  the  goodness  of  the  end  would  not  justify  improper 
means  to  obtain  it."  This  view  reached  its  extreme  form  in  the 
New  York  Hatters'  case,  in  1823.  "Journeymen  confederating 
and  refusing  to  work,  unless  for  certain  wages,  may  be  indicted 
for  a  conspiracy,  ...  for  this  offence  consists  in  the  conspiracy 
and  not  in  the  refusal;  and  all  conspiracies  are  illegal  though 
the  subject-matter  of  them  may  be  lawful.  .  .  .  Journeymen 
may  each  singly  refuse  to  work,  unless  they  receive  an  advance 
in  wages,  but  if  they  refuse  by  preconcert  or  association  they  may 
be  indicted  and  convicted  of  conspiracy.  .  .  .  The  gist  of  a 
conspiracy  is  the  unlawful  confederation,  and  the  offence  is 
complete  when  the  confederacy  is  made,  and  any  act  done  in 
pursuit  of  it  is  no  constituent  part  of  the  offence." 

Influence  on  Later  Cases.  —  From  these  early  principles  the 


BEGINNINGS  IN  AMERICA  39 

conspiracy  laws  of  the  several  states  were  developed.  The 
stages  have  been  by  no  means  uniform.  In  some  it  has  been 
shaped  largely  by  statutory  enactment  while  in  others  the  modi- 
fication has  been  accomplished  through  court  interpretation. 
Illustration  from  New  York  State.  —  In  New  York  state,  for 
example,  the  question  was  dealt  with  by  statute.  The  laws  of 
England  became  the  basis  of  the  state  law  in  this  commonwealth. 
They  seem  to  have  had  their  first  extensive  application  in  con- 
nection with  the  Revolutionary  War  and  the  efforts  of  some 
to  conspire  against  the  new  government.  Statutes  were  passed 
with  this  situation  in  mind.  In  18 13  a  revision  of  the  laws 
was  made  and  the  conspiracy  section  was  included.  It  remained 
until  1828,  the  occasion  of  another  general  revision.  This  re- 
vised section  made  it  a  misdemeanor  among  other  things  to 
conspire  to  commit  any  act  injurious  to  public  health,  to  public 
morals,  or  to  trade  or  commerce.  In  order  to  limit  the  inter- 
pretation of  the  older  common  law  and  keep  it  within  the  pro- 
visions of  the  statute,  it  was  further  declared  that  no  conspiracies 
other  than  those  enumerated  in  the  law  should  be  punishable 
criminally,  and  further  that  no  agreement  except  to  commit 
a  felony,  arson  or  burglary  should  be  deemed  a  conspiracy  unless 
some  act  besides  such  agreement  be  done  to  effect  the  object 
of  the  agreement.  This  new  section  was  the  work  of  a  com- 
mission appointed  for  the  purpose  and  it  included  all  the  cases 
usually  considered  as  conspiracy  except  that  of  a  conspiracy 
to  injure  an  individual  by  means  not  in  themselves  criminal, 
and  all  that  it  seemed  expedient  to  enumerate.  To  the  list  as 
finally  adopted  the  commission  had  added  one  that  the  legisla- 
ture rejected.  This  clause  would  have  made  it  a  criminal  con- 
spiracy to  defraud  or  injure  any  person  in  his  trade  or  business. 
From  the  backward  look  the  commission  evidently  thought 
that  this  section  should  be  included.  The  legislature,  seemingly 
giving  greater  attention  to  present  conditions,  declined  to  in- 
corporate it.  The  net  result  of  the  revision  was  to  clear  up 
somewhat  the  confusion  that  clung  to  the  historical  conception 
of  conspiracy.  Concerning  these  doubts  and  difficulties  the 
revisors  pointed  out  that  "By  a  metaphysical  train  of  reason- 
ing, which  has  never  been  adopted  in  any  other  case  in  the  whole 
criminal  law,  the  offence  of  conspiracy  is  made  to  consist  in 
the  intent;  in  an  act  of  the  mind;  and  to  prevent  the  shock  to 


40     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

common  sense  which  such  a  proposition  would  be  sure  to  pro- 
duce, the  formation  of  this  intent  by  an  interchange  of  thoughts 
is  made  itself  an  overt  act,  done  in  pursuance  of  that  inter- 
change or  agreement.  .  .  .  Acts  and  deeds  are  the  subjects 
of  human  laws;  not  thoughts  and  intents  unless  accompanied 
by  acts."  The  rejection  of  the  clause  bearing  on  the  injury 
to  anyone  in  his  business  or  trade  has  proved  to  be  wise  as 
after  events  have  shown. 

Thus  is  seen  in  the  experience  in  New  York  how  conspiracy 
rested  primarily  on  the  common  law,  how  it  was  modified 
to  meet  the  new  conditions  of  statehood,  and  finally  how  it 
was  revised  so  as  to  include  all  that  was  to  be  retained  of  the  old 
law  in  the  light  of  the  necessities  of  the  day.  The  task  succeeded 
in  gathering  up  from  the  common  law  those  principles  upon 
which  at  the  time  it  seemed  desirable  to  base  action  against 
conspiracy  and  expressing  them  definitely  in  statute  form,  thus 
making  the  basis  a  statute  law  basis.  It  should  be  noted  that 
although  there  were  several  revisions  of  the  statutes  during  the 
following  forty  years,  it  was  not  till  1870  that  this  section  was 
modified  again.  With  the  steadily  increasing  activity  of  labor 
associations  and  the  growing  recognition  of  their  value,  the 
legislature  in  1870  considerably  modified  the  whole  section  deal- 
ing with  conspiracy  as  far  as  the  laborer  was  concerned.  By 
the  act  of  that  year  the  provisions  of  the  former  statute  were  not 
to  be  construed  "  to  restrict  or  prohibit  the  orderly  and  peaceable 
assembling  or  cooperation  of  persons  employed  in  any  profession, 
trade  or  handicraft,  for  the  purpose  of  securing  an  advance 
in  the  rate  of  wages  or  compensation,  or  for  the  maintenance  of 
such  rate." 

Scope  of  Conspiracy  Law :  Theory.  —  It  should  not  be  un- 
derstood that  the  law  of  conspiracy  was  formulated  purposely  to 
interfere  with  the  activities  of  laborers.  The  points  just  stated 
in  connection  with  the  early  use  in  New  York  show  that  such 
was  not  the  case.  In  the  trial  of  People  vs.  Trequier,  in  1823, 
it  was  brought  out  that  the  law  relating  to  conspiracy  had  under- 
gone a  great  alteration  during  the  centuries  just  passed.  Taken 
formerly  in  a  more  limited  sense,  it  had  more  recently  become 
a  most  useful  method  of  dealing  with  almost  every  possible  case 
of  combination.  A  variety  of  illustrations  showed  the  wide 
range  of  its  application. 


BEGINNINGS  IN  AMERICA  41 

Practice.  —  Though  such  was  the  theory,  it  seems  clear  that 
this  law  was  more  easily  invoked  against  laborers  than  against 
others.  In  the  case  to  which  reference  has  just  been  made  the 
defendant  workmen  were  charged  with  conspiring  to  refuse  to 
work  for  a  master  hatter  who  had  in  his  employ  a  journeyman 
who  refused  to  be  governed  by  the  rules  of  the  association  which 
his  fellow  journeymen  had  formed.  The  evidence  showed  that 
the  master  hatters  of  the  city  had  had  a  meeting  to  agree  to 
reduce  wages.  To  counteract  this  agreement  among  the  em- 
ployers the  workmen  had  formed  their  society  and  agreed  not  to 
work  for  the  new  rate  that  the  employers  had  named.  Further 
the  journeymen  offered  to  prove  a  conspiracy  among  the  master 
hatters  not  to  employ  any  journeyman  who  left  his  last  place 
on  account  of  wages,  in  order  to  prove  that  the  meeting  of  the 
journeymen  was  for  a  lawful  purpose.  This  evidence  was  not 
allowed.  The  defendants  also  contended  that  their  action  was 
not  unlike  an  earlier  agreement  of  grocers  and  others  not  to 
purchase  goods  from  auctioneers.  This  meeting  the  court 
held  was  for  a  lawful  purpose  —  for  the  general  advantage  of 
the  community.  Concerning  the  meeting  of  the  employers,  the 
court  dismissed  the  matter  with  the  declaration  that  "one  con- 
spiracy cannot  justify  another."  It  seemed  in  this  case  easier 
to  fasten  the  charge  of  conspiracy  upon  the  laborer  than  upon 
the  employer  or  the  merchant.  The  case  is  typical.  Though 
the  offense  was  not  limited  in  any  way  to  the  activity  of  labor 
associations,  and  though  the  principle  covered  a  variety  of 
activities  and  the  records  show  that  prosecutions  were  success- 
fully made  in  many  instances  where  laborers  were  in  no  way 
involved,  yet,  in  practice,  it  came  during  this  period  to  be  a  very 
convenient  and  very  certain  tool  in  the  hands  of  employers  to 
hold  in  check  any  combination  that  employees  might  make. 

Even  after  the  modification  was  made  in  the  New  York  law 
in  1828,  making  it  a  misdemeanor  to  conspire  to  commit  an  act 
injurious  to  trade  or  commerce,  the  way  was  not  easy  for  the 
laborers.  In  People  vs.  Fisher,  1835,  a  case  was  brought  in  the 
court  charging  that  journeymen  had  formed  "an  unlawful  club 
and  combination"  to  prevent  a  fall  in  wages.  The  court  summed 
up  the  issues  in  the  question,  "Is  a  conspiracy  to  raise  wages 
an  act  injurious  to  trade  and  commerce?"  The  answer  was  in 
the  affirmative.    The  mere  raising  of  wages  surely  could  not 


42     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

constitute  an  offense.  Yet  an  agreement  to  do  so  was  entirely 
a  different  matter.  By  a  line  of  argument  both  ingenious  and 
interesting  the  conclusion  was  very  logically  reached  that  such 
an  agreement  being  a  matter  of  public  concern  and  it  being 
possible  to  raise  wages  indefinitely,  if  at  all,  by  this  means,  it 
would  be  very  oppressive  to  the  public  and  therefore  would  be 
highly  injurious. 

Its  Definition.  —  The  general  form  of  expression  and  defini- 
tion indicates  how  easy  it  was  to  find  the  law  of  conspiracy  ap- 
plicable to  a  variety  of  cases.  The  form  of  statement  varied 
somewhat,  though  within  narrow  limits  so  far  as  meaning  was 
concerned.  A  typical  statement  defined  conspiracy  as  "  an  agree- 
ment or  combination  between  two  or  more  persons  to  do  an 
unlawful  act  or  to  accomplish  a  purpose  lawful  in  itself  by  means 
that  are  criminal  or  unlawful."  "  The  crime  is  completed  by  the 
unlawful  agreement."  "The  gist  of  a  conspiracy  is  the  unlawful 
confederacy  and  the  offence  is  completed  when  the  confederacy 
is  made  and  any  act  done  in  pursuance  of  it  is  no  constituent 
part  of  the  offence." 

Development  of  Definition.  —  Speaking  somewhat  more 
generally  of  the  law  of  conspiracy,  it  may  be  said  that  its  de- 
velopment seems  to  the  layman  peculiar,  if  not  to  the  lawyer.  In 
an  interesting  study  of  the  Development  of  English  Law  of 
Conspiracy,  Mr.  J.  W.  Bryan  has  traced  the  stages  in  full  detail. 
It  is  found  in  this  study  that  the  modern  law  of  conspiracy 
"treats  as  a  crime  the  mere  combination  to  do  certain  acts;" 
regarding  the  offense  as  "complete  as  soon  as  the  agreement 
is  formed"  and  as  "wholly  distinct  from  any  act  performed  in 
pursuance  of  it. "  But  "  the  ancient  law  was  otherwise.  The  con- 
spiracy was  an  element  to  be  taken  into  account  but  was  not  in  it- 
self a  complete  crime."  During  the  long  years  from  Edward 
III  to  George  III  the  law  was  expanded  and  developed.  One 
particular  line  of  the  development  was  the  "rise  of  the  principle 
that  the  bare  unexecuted  conspiracy  is  a  complete  offense."  By 
the  end  of  the  eighteenth  century  the  law  had  been  developed 
in  its  essential  elements.  During  the  nineteenth  century  the 
courts  were  to  systematize  and  generalize  it:  "to  reduce  the 
law  to  some  degree  of  orderly  and  scientific  arrangement." 
One  phase  of  development  was  of  particular  importance.  The 
courts  held  that  to  prove  a  conspiracy  it  was  not  necessary  to 


BEGINNINGS  IN  AMERICA  43 

show  that  the  persons  actually  met  in  formal  consultation  to 
come  to  the  agreement.  Overt  acts  were  to  be  conclusive  of 
an  agreement.  "If  you  find,"  said  a  justice  in  1837,  "that 
these  two  persons  pursued  by  their  acts  the  same  object,  often 
by  the  same  means,  one  performing  one  part  of  an  act,  and 
the  other  another  part  of  the  same  act,  so  as  to  complete  it, 
with  a  view  to  the  attainment  of  the  object  which  they  are 
pursuing,  you  will  be  at  liberty  to  draw  the  conclusion  that 
they  have  been  engaged  in  a  conspiracy  to  effect  the  object." 
Again,  as  late  as  1851,  another  justice  said  to  the  jury:  "If 
you  see  several  men  taking  several  steps,  all  tending  toward 
one  obvious  purpose,  and  you  see  them  through  a  continued 
portion  of  time  taking  steps  that  lead  to  an  end,  it  is  for  you 
to  say  whether  these  persons  had  not  combined  together  to 
bring  about  that  end,  which  their  conduct  so  obviously  appears 
adapted  to  effectuate." 

The  definition  quoted  in  an  earlier  paragraph  of  this  section 
has  become  classic:  "to  do  an  unlawful  act;  or  a  lawful  act 
by  unlawful  means."  This  statement  appeared  in  a  charge 
delivered  by  Lord  Denman  in  1832.  "The  indictment,"  it 
was  stated,  "ought  to  charge  a  conspiracy,  either  to  do  an 
unlawful  act,  or  a  lawful  act  by  unlawful  means."  As  Mr. 
Bryan  says,  "It  is  clearly  evident  that  the  above  antithesis 
was  intended  to  limit  the  offence  of  conspiracy,  not  to  define 
it."  It  is  further  pointed  out  that  in  the  same  case  the  justice 
added:  "the  words,  'at  least,'  should  accompany"  the  state- 
ment. At  a  later  time,  commenting  on  his  own  statement, 
the  same  justice  added:  "I  do  not  think  the  antithesis  very 
correct."  After  citing  the  facts  in  connection  with  the  formu- 
lation of  the  definition,  Mr.  Bryan  adds:  "In  spite  of  its  au- 
thor's dissatisfaction  with  it,  this  antithesis  has  been  treated 
as  a  definition  ever  since.  As  such  it  serves  as  the  very  founda- 
tion of  the  modern  law  of  conspiracy.  It  has  been  cited,  always 
with  approval  and  without  examination  or  criticism,  in  a  long 
line  of  nineteenth  and  twentieth  century  cases,  until  its  terms 
have  become  firmly  embedded  in  the  structure  of  the  national 
jurisprudence.  .  .  .  The  part  which  it  played  in  the  later  de- 
cisions presents  another  very  striking  illustration  of  the  acci- 
dental, unsystematic  method  by  which  the  law  of  conspiracy 
has  developed."    One  significant  criticism  of  the  law  as  thus 


44     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

developed  may  be  added  in  the  words  of  yet  another  justice: 
"It  is  never  satisfactory,  although  undoubtedly  it  is  legal." 
It  was  through  this  period  of  development  and  application 
of  the  conspiracy  law  that  laborers  were  seeking  to  establish 
a  right  to  collective  bargaining.  The  difficulties  are  obvious. 
The  effect  upon  their  spirit  and  temper  is  easily  comprehended. 


CHAPTER  III 
WAGE  THEORIES 

In  the  last  chapter  were  related  the  events  connected  with 
the  development  and  struggle  out  of  which  permanent  asso- 
ciations of  laborers  emerged.  The  problems  that  accompanied 
these  changes  led  in  their  day  to  much  discussion,  in  which 
both  theoretical  and  practical  considerations  were  set  forth 
in  a  pamphlet  literature  of  some  volume.  During  the  earlier 
period  of  the  development  there  was  practically  no  such  thing 
as  a  theory  of  wages.  Customary  relations  were  accepted  as 
of  binding  force.  They  rested  on  precedent  and  needed  no 
theoretical  justification.  Questions  of  trade  expansion  and 
national  rivalry  received  much  attention  and  gave  rise  to  the 
body  of  literature  in  which  Mercantilism  was  developed  on  a 
basis  of  theory.  Incidental  to  the  discussion  of  trade  and  na- 
tional welfare,  manufacture  and  foreign  markets,  wages  came 
in  for  a  share  of  consideration.  This  topic  was  prominent 
especially  in  the  efforts  to  adjust  taxation  upon  some  legal 
basis  that  would  stand  the  test  of  general  principles  and  at 
the  same  time  furnish  the  needed  revenue.  Running  through 
the  literature  of  this  discussion  appears  a  view  of  wages  that 
is  not  only  interesting  in  itself,  but  which  furnishes  evidence 
of  a  preference  for  a  low  wage  rate  based  upon  a  view  of  wages 
generally  accepted  though  not  clearly  and  concisely  formulated. 

Benefit  of  Low  Wages.  —  The  opinion  prevailed  among  a 
group  of  writers  of  the  late  seventeenth  and  early  eighteenth  cen- 
turies that  the  laborer  was  as  a  rule  a  heavy  drinker,  irrespon- 
sible, with  no  self-control;  who  could  be  kept  at  his  tasks  only 
by  some  form  of  stern  necessity.  He  who  will  not  labor  shall 
not  eat  seems  to  have  been  the  starting  point  of  instruction 
and  to  this  was  added:  he  who  earns  but  little  can  eat  but  lit- 
tle. Suspicion  rested  heavily  upon  the  worker  that  with  the 
slightest  easement  of  living  conditions  he  would  abate  his  efforts, 
not  to  renew  them  until  starvation  again  forced  him  to  his 

45 


46     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

task.  From  these  opinions  it  was  an  easy  step  to  the  belief 
that  low  wages  were  necessary  to  keep  laborers  at  their  work, 
that  advances  in  wages  would  increase  idleness  because  it 
would  make  more  idleness  possible,  and  that  industry  among 
workers  was  necessary  to  enable  England  to  seize  and  hold 
the  foreign  markets  from  her  rivals.  Professor  Seligman  has 
found  the  earliest  trace  of  this  idea  expressed  in  1669,  when 
it  was  argued  that  high  wages  are  injurious  because  "the  men 
have  just  so  much  more  to  spend  in  tipple,  and  remain  now 
poorer  than  when  their  wages  was  less,  .  .  .  they  work  so 
much  the  fewer  days  by  how  much  the  more  they  exact  in 
their  wages."    The  remedy  was  simple:    "Subdue  wages." 

There  are  many  other  expressions  to  the  same  effect,  so 
interesting  that  some  will  bear  repeating.  "If  there  be  of 
food  a  plenty,  laziness  follows  it."  High  wages  mean  debau- 
chery and  shorter  time  for  work.  The  more  the  workman 
paid  for  provisions  or  the  less  he  received  with  which  to  buy 
them  the  longer  and  the  harder  would  he  be  obliged  to  work. 
Thus:  "When  the  frame- work  knitters  or  makers  of  silk  stock- 
ings had  a  great  price  for  their  work  they  have  been  observed 
seldom  to  work  on  Mondays  and  Tuesdays,  but  to  spend  most 
of  that  time  at  the  ale  house  and  nine  pins.  .  .  .  The  weavers, 
'tis  common  with  them  to  be  drunk  on  Monday,  to  have 
their  heads  ache  on  Tuesday  and  their  tools  out  of  order  on 
Wednesday. "  "  People  in  low  life  who  work  only  for  their  daily 
bread  if  they  can  get  it  by  three  days'  work  in  a  week  will  many 
of  them  make  holiday  the  other  three  or  set  their  own  price 
on  their  labor."  Low  wages  became  a  public  necessity,  as 
it  was  reasoned:  "The  lower  class  of  people  if  they  are  subject 
to  little  or  no  control,  they  will  run  into  vice:  vice  is  attended 
with  expense  which  must  be  supported  either  by  an  high  price 
for  their  labor  or  by  methods  still  more  destructive."  "Men 
are  as  bad  as  can  be  described:  who  become  more  vicious,  more 
indigent  and  idle  in  proportion  to  the  advance  of  wages  and 
the  cheapness  of  provisions."  As  late  as  1770  a  book  was 
published  in  which  the  argument  was  made  to  rest  upon  three 
principles,  summed  up  as  follows:  "First,  that  mankind,  in 
general,  are  naturally  inclined  to  ease  and  indolence,  and  that 
nothing  but  absolute  necessity  will  enforce  labor  and  industry 
Secondly,  that  our  poor,  in  general,  work  only  for  the  bare 


WAGE  THEORIES  47 

necessities  of  life,  or  for  the  means  of  a  low  debauch;  which, 
when  obtained,  they  cease  to  labor  till  roused  again  by  necessity. 
Thirdly,  that  it  is  best  for  themselves,  as  well  as  for  society, 
that  they  should  be  constantly  employed."  "The  only  way 
to  make  the  poor  temperate  and  industrious,  is  to  lay  them 
under  a  necessity  of  laboring  all  the  time  they  can  spare  from 
meals  and  sleep,  in  order  to  procure  the  common  necessaries 
of  life." 

As  has  been  said,  these  views  were  expressed  generally  with 
reference  to  taxation.  The  immediate  purpose  was  to  raise 
revenue.  This  was  to  be  done  by  levying  on  the  laboring  clas- 
ses, accomplishing  a  double  advantage  of  securing  the  revenue 
and  improving  the  conditions  of  industry  by  lowering  wages. 
It  is  but  a  slight  modification  of  the  argument,  if  any  at  all, 
to  express  it  in  terms  of  low  wages  as  a  factor  in  securing  the 
same  result.  In  either  case  the  real  wage  was  affected  in  prac- 
tically the  same  way. 

The  Theory  Questioned.  —  These  writers  did  not  occupy  an 
undisputed  field,  however.  In  1694  the  reasoning  was  called 
in  question  and  more  and  more  frequently  thereafter.  By 
1734  appeared  a  strong  advocate  of  the  idea  that  high  standards 
of  living  for  the  laboring  class  are  beneficial.  "The  working 
people  can  and  will  do  a  great  deal  more  work  than  they  do, 
if  they  were  sufficiently  encouraged.  For  I  take  it  for  a  maxim 
that  the  people  of  no  class  will  ever  want  industry,  if  they 
don't  want  encouragement."  This  should  not  be  done  by 
"making  the  poor  fare  harder."  It  is  not  the  right  incentive. 
The  poor,  it  was  further  argued,  belong  to  the  great  mass  of 
consumers  and  to  deprive  them  would  "affect  the  consumption 
of  things  in  general  so  mightily  that  there  would  be  a  want  of 
trade  and  business  amongst  the  other  part  of  the  people." 
Another  writer,  in  1754,  urged  that  it  was  a  fallacy  to  argue 
that  industry  could  be  forced  by  poverty.  "  When  our  workmen 
can  no  longer  raise  the  price  of  their  work  to  their  mind,  there 
still  remain  two  great  refuges  to  them  from  labor,  the  parish 
and  robbing."  The  opposition  continued  in  various  forms 
of  expression.  One  of  the  most  forceful  denied  vigorously  the 
proposition  that  "the  poor  will  be  industrious  only  in  the  de- 
gree that  they  are  necessitous,"  declaring  it  to  be  "a  doctrine 
which  avarice  in  private  life  has  greedily  seized  and  has  not 


48     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

failed  to  improve  to  its  purposes.  ...  A  doctrine  as  false  as 
it  is  inhuman."  The  discussion  continued  as  a  question  in- 
cident to  problems  of  expanding  industry  and  was  not  cleared 
up  in  any  comprehensive  way  until  another  group  of  writers 
appeared  and  opened  a  new  era  of  discussion. 

Classic  School.  —  With  the  appearance  of  the  Wealth  of  Na- 
tions Adam  Smith  began  the  work  of  systematizing  economic 
thought.  Following,  however,  the  lead  of  writers  of  the  day  the 
chief  concern  of  the  work  was  indicated  by  its  full  title,  An  In- 
quiry into  the  Nature  and  Causes  of  the  Wealth  of  Nations. 
Not  until  fully  a  generation  after  this  did  a  definite  theory  of 
wages  mature,  though  some  authorities  state  that  it  had  an 
earlier  beginning.  During  this  period  the  question  of  wages 
received  more  attention.  The  opening  sentence  of  this  great 
work  declared  that  "The  annual  labor  of  every  nation  is  the 
fund  which  originally  supplies  it  with  all  the  necessaries  and 
conveniences  of  life."  One  of  the  great  principles  of  the  work 
is  that  labor  is  not  only  the  cause  but  also  the  measure  of  value. 

Closely  following  upon  Smith's  work  Malthus  published  his 
essay  on  population.  The  combination  of  ideas  that  resulted 
from  these  studies  together  with  what  had  been  published  before 
may  be  summed  up  in  very  brief  form  as  follows.  While  labor 
is  both  the  cause  and  measure  of  value  yet  wages  are  determined 
very  directly  by  food  supply.  As  the  supply  of  food  became  more 
plentiful,  marriages  would  be  contracted  at  an  earlier  age  and  in 
greater  numbers,  families  would  increase  in  size  until  the  popula- 
tion, thus  increased  by  a  rising  birth  rate  and  a  falling  death 
rate,  would  press  upon  the  supply  of  food  and  the  abundance 
would  disappear.  With  the  decrease  in  food  supply  would 
follow  inevitably  a  decrease  in  the  number  of  marriages,  smaller 
families,  a  decrease  in  birth  rate  and  an  increase  in  death  rate. 
Thus  the  pressure  of  population  on  food  supply  would  gradually 
be  relieved.  This  would  be  followed  by  relative  plenty  again  and 
the  events  of  the  former  cycle  would  be  repeated.  The  introduc- 
tion by  Smith,  the  warnings  of  Malthus  and  the  stern  logic  of 
Ricardo's  reasoning  give  alike  form  and  authority  to  this  "iron 
law"  of  wages. 

Wages  Fund  Theory. —  But  these  statements  were  not  devel- 
oped into  a  theory  with  their  first  formulation.  As  the  discus- 
sion progressed  its  expression  became  more  definite,  and  it  finally 


WAGE  THEORIES  49 

became  known  as  the  Wages  Fund  Theory.  This  development 
was  so  gradual  that  there  is  difference  of  opinion  as  to  when  it 
was  first  formulated.  Professor  Haney  objects  to  naming  Smith 
as  its  originator,  though  he  says  that  "In  the  Wealth  of  Nations 
may  be  found  traces  of  virtually  every  wage  theory  ever  devel- 
oped." This  writer  attributes  the  first  statement  of  it  to  Senior, 
who  "probably  called  into  being  the  wages-fund  doctrine  which 
lies  concealed  in  the  writings  of  Smith  and  Ricardo."  On  the 
other  hand,  Professor  Taussig  claims  that  Ricardo  "put  forth  a 
wages  fund  doctrine  as  unqualifiedly  as  any  of  the  later  writers 
with  whom  that  doctrine  is  usually  associated."  Leaving  this  as 
a  controversy  that  has  no  direct  bearing  upon  this  study,  it  may 
be  said  that  this  wages  fund  theory  was  generally  accepted  by 
English  economists  during  a  period  of  about  fifty  years,  during 
the  middle  of  the  nineteenth  century. 

In  its  first  form  this  doctrine  sought  to  express  the  relation  of 
wages  to  food.  As  Malthus  said :  "  It  may  at  first  appear  strange, 
but  I  believe  it  to  be  true,  that  I  cannot  by  means  of  money 
raise  the  condition  of  a  poor  man,  and  enable  him  to  live  much 
better  than  he  did  before  without  proportionately  depressing 
others  in  the  same  class.  ...  But  if  I  only  give  him  money, 
supposing  the  produce  of  the  country  to  remain  the  same,  I  give 
him  a  title  to  a  larger  share  of  that  produce  than  formerly,  which 
share  he  cannot  receive  without  diminishing  the  share  of  others." 
The  more  definite  statement  of  this  doctrine  was  made  with 
reference  to  the  relation  of  wages  to  capital.  Wages  were  paid 
out  of  capital  and  must  be  adjusted  in  their  amount  by  what 
capital  could  pay  out  of  its  stock.  Thus  wages  and  profits,  or 
interest,  had  a  reciprocal  relation;  as  the  one  increased  the  other 
of  necessity  decreased  proportionately.  As  the  laborer  had 
nothing  on  which  to  draw  for  his  support  while  he  worked,  he 
must  be  provided  for  out  of  the  "funds"  of  capital  as  an  ad- 
vance. This  could  never  exceed  the  amount  of  the  capital  and 
generally  must  be  less  than  that  amount  by  enough  to  provide 
the  other  needs  of  the  industry.  The  maximum  was  thus  fixed. 
The  subsistence  point  was  the  minimum  below  which  wages 
could  not  fall.  Between  these  points  the  wage  was  regulated  by 
bargaining,  the  determining  factors  being  on  the  one  hand  pop- 
ulation and  on  the  other  the  amount  of  capital.  Thus,  as  Pro- 
fessor Taussig  sums  it  up,  "Not  only,  as  Adam  Smith  put  it,  are 


50     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

wages  paid  out  of  capital,  and  determined  by  a  bargain  in  which 
the  demand  for  labor  comes  from  employers'  capital:  but  the 
amount  of  that  capital,  compared  with  the  number  of  laborers, 
fixes  wages  definitely."  The  proximate  determination  of  wages 
depends,  says  Senior,  on  "the  extent  of  the  fund  for  the  main- 
tenance of  laborers  compared  with  the  number  of  laborers  to  be 
maintained."  James  Mill  sums  up  his  view  concisely  by  saying 
in  his  Elements  of  Political  Economy:  "Universally,  then,  we 
may  affirm,  other  things  remaining  the  same,  that,  if  the  ratio 
which  capital  and  population  bear  to  one  another  remains  the 
same,  wages  will  remain  the  same;  if  the  ratio  which  capital 
bears  to  population  increases,  wages  will  rise;  if  the  ratio  which 
population  bears  to  capital  increases,  wages  will  fall." 

Mill's  Statement.  —  The  doctrine  may  be  said  to  have  its 
final  statement  in  the  writings  of  John  Stuart  Mill.  The  follow- 
ing extract  sums  up  his  view,  an  expression  thought  by  him  to 
be  final:  "Wages,  then,  depend  mainly  upon  the  demand  and 
supply  of  labor;  or,  as  it  is  often  expressed,  on  the  proportion 
between  population  and  capital.  By  population  is  here  meant 
the  number  only  of  the  laboring  class,  or  rather  of  those  who 
work  for  hire;  and  by  capital,  only  circulating  capital,  and  not 
even  the  whole  of  that,  but  the  part  which  is  expended  in  the 
direct  purchase  of  labor.  To  this,  however,  must  be  added  all 
funds  which,  without  forming  a  part  of  capital,  are  paid  in  ex- 
change for  labor,  such  as  the  wages  of  soldiers,  domestic  servants, 
and  all  other  unproductive  laborers.  There  is  unfortunately 
no  mode  of  expressing  by  one  familiar  term  the  aggregate  of  what 
may  be  called  the  wages  fund  of  a  country;  and  as  the  wages  of 
productive  labor  form  nearly  the  whole  of  that  fund,  it  is  usual 
to  overlook  the  smaller  and  less  important  part,  and  to  say  that 
wages  depend  on  population  and  capital.  It  will  be  convenient 
to  employ  this  expression,  remembering,  however,  to  consider 
it  as  elliptical,  and  not  as  a  literal  statement  of  the  whole 
truth. 

"With  these  limitations  of  the  terms,  wages  not  only  depend 
upon  the  relative  amount  of  capital  and  population,  but  cannot, 
under  the  rule  of  competition,  be  affected  by  anything  else. 
Wages  (meaning,  of  course,  the  general  rate)  cannot  rise,  but  by 
an  increase  of  the  aggregate  funds  employed  in  hiring  laborers, 
or  a  diminution  in  the  number  of  competitors  for  hire;  nor  fall, 


WAGE  THEORIES  51 

except  either  by  a  diminution  of  the  funds  devoted  to  paying 
labor,  or  by  an  increase  in  the  number  of  laborers  to  be  paid." 

Attack  on  Wages  Fund  Theory.  —  So  dominant  was  the  in- 
fluence of  the  classical  school  of  writers  that  opposition  was 
ineffectual  until  the  last  quarter  of  the  century.  At  that  time 
the  attacks  upon  the  doctrine  by  Longe  and  Thornton  were  so 
vigorous  and  spirited  that  they  compelled  attention.  The 
attack  has  been  summed  up  in  a  convenient  form  as  follows: 
"The  theory  of  a  wage  fund  is  untenable  because  (a)  the  capital 
or  wealth  applicable  to  the  payment  of  the  wages  of  labor  in  a 
country,  at  any  time  or  during  any  period,  does  not  consist  of  a 
definite  fund  which  is  distinct  from  the  produce  of  labor;  (b) 
because  the  dependent  or  laboring  population  in  a  country  at 
any  time,  or  during  any  period,  does  not  constitute  a  supply 
of  labor,  or  body  of  laborers,  among  whom  the  average  wage 
fund  or  capital  of  a  country  could  be  distributed  by  competition; 
(c)  because  the  supposition  that  such  wage  fund  would  be  all 
distributed  among  the  laborers  of  a  country  by  the  competition 
of  the  buyers  and  sellers  of  labor,  if  allowed  free  operation,  in- 
volves an  erroneous  notion  of  the  demand  and  supply  principle." 
In  his  later  writings  Mill  himself  finally  recognized  the  validity 
of  these  arguments  and  declared  that  the  wages  fund  doctrine 
could  not  stand  against  such  a  presentation.  The  surrender  of 
Mill  is  the  beginning  of  the  disappearance  of  the  theory. 

Productivity  Theory.  —  With  the  passing  of  the  wages  fund 
theory,  the  field  was  open  to  all  comers  and  a  period  of  active 
discussion  followed.  Out  of  the  newer  views  adapted  to  the 
newer  conditions  of  industry  developed  slowly  a  new  group  of 
theories,  those  that  now  hold  the  field.  According  to  one  of 
these,  wages  are  adjusted  in  the  long  run  to  the  share  of  the 
product  that  is  due  to  the  labor  factor.  From  this  it  takes  its 
name,  the  Productivity  Theory.  The  results  of  the  productive 
process  are  divided  among  the  factors  that  produce  them,  labor 
and  capital  being  the  ones  chiefly  considered  under  the  assump- 
tion of  free  competition.  The  distribution  of  these  shares  lies 
in  the  hands  of  the  entrepreneur,  or  responsible  manager,  and 
he  assigns  wages  and  interest  on  the  basis  of  the  marginal  pro- 
ductivity of  the  labor  and  the  capital.  If  he  accepts  an  added 
"dose"  of  labor  it  will  be  because  the  product  will  be  increased 
thereby.    This  addition  to  the  product  he  hopes  to  take  to  him- 


52      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

self  temporarily  as  profits  and  for  a  time  he  will  succeed  in  doing 
so.  But  competition  with  other  entrepreneurs  will  eventually 
lead  to  a  distribution  of  this  sum  as  wages. 

Thus  added  increments  of  profits  become  eventually  added 
wages  if  the  entrepreneur  can  be  induced  to  add  "doses"  of 
labor.  If,  on  the  other  hand,  he  adds  capital  (e.  g.,  machinery  or 
tools)  then  the  profits  pass  to  interest  instead.  Thus  labor 
and  capital  are  constantly  offering  themselves.  The  entre- 
preneur occupies  a  "zone  of  indifference,"  taking  from  either  as 
he  sees  opportunity  for  temporary  profit,  finally  passing  it  on 
as  either  wages  or  interest.  Added  increments  of  labor  are 
subject  to  the  law  of  diminishing  returns.  Since  wages  are 
determined  by  productivity,  it  must  follow  that  when  labor 
offers  itself  in  too  large  quantities  it  must  be  content  with  smaller 
wages  as  its  productivity  is  less.  For  in  each  group  it  is  the 
marginal  point  that  determines  the  productivity  and  thus  the 
wages  for  all  in  the  group.  This  is  the  limit  of  what  the  entre- 
preneur can  pay. 

Professor  Clark  has  developed  this  theory  most  elaborately. 
"We  not  only  admit,  but  positively  claim,"  as  he  states  it,  "that 
there  is  a  marginal  region  where  wages  are  adjusted."  Carrying 
the  development  further,  he  says:  "The  law  of  wages  would 
stand  thus:  (i)  By  a  common  mercantile  rule,  all  men  of  a 
given  degree  of  ability  must  take  what  marginal  men  of  that 
same  ability  get.  This  principle  fixes  the  market  rate  of  wages. 
(2)  Marginal  men  get  what  they  produce.  This  principle  gov- 
erns wages  more  remotely,  by  fixing  a  natural  standard  for 
them."  This  is  not  the  final  law,  however.  Later  the  summary 
statement  is  that  wages  and  interest  "are  fixed  by  the  final  pro- 
ductivity of  labor  and  capital,  as  permanent  agents  of  produc- 
tion." Later  still:  "each  unit  of  labor,  then,  is  worth  to  its  em- 
ployer what  the  last  unit  produces."  Summing  up,  Professor 
Clark  concludes:  "As  real  as  gravitation  is  the  force  that  draws 
the  actual  pay  of  men  toward  a  standard  that  is  set  by  the  final 
productivity  law.  This  law  is  universal  and  permanent:  every- 
where it  will  outlive  the  local  and  changeful  influences  that 
modify  its  operation.  We  are  to  get  what  we  produce  —  such 
is  the  dominant  rule  of  life;  and  what  we  are  able  to  produce 
by  means  of  labor,  is  determined  by  what  a  final  unit  of  mere 
labor  can  add  to  the  product  that  can  be  created  without  its 


WAGE  THEORIES  53 

aid.  Final  productivity  governs  wages."  Professor  Seager 
treats  this  theory  in  a  briefer  way,  and  sums  up  the  statement 
of  the  law  as  follows:  "Under  conditions  of  free,  all-sided  com- 
petition the  earnings  of  marginal,  as  of  other,  workmen  tend  to 
correspond  accurately  to  the  contributions  which  they  make  to 
production." 

Exchange  Theory.  —  A  rival  of  the  productivity  theory  is 
that  of  the  Austrian  School,  a  theory  that  has  behind  it  no  small 
weight  of  authority.  Their  theory  is  often  called  the  Exchange 
Theory.  In  this  theory  wages  are  advances  made  by  the  em- 
ployer to  the  workman  in  order  that  he  will  not  have  to  wait  for 
the  completion  of  the  product  before  he  can  receive  his  share. 
The  time  element  is  important  in  modern  industry  and  this  time 
space  is  bridged  over  by  wages. 

Socialist  Theory.  —  During  the  time  covered  by  these  later 
developments  another  theory  has  been  formulated.  It  had  its 
first  formal  statement  in  the  writings  of  Karl  Marx,  though  like 
the  other  theories  its  first  suggestions  are  found  in  the  works 
of  Smith  and  Ricardo.  Taking  the  statements  of  these  earlier 
writers  that  labor  is  the  basis  of  value  and  value  proportionate 
to  the  amount  of  labor,  the  Marxian  theory  develops  and  refines 
the  idea  and  applies  it  in  a  way  that  very  directly  affects  wages. 
If  all  value  is  due  to  labor  then  the  value  created  belongs  of 
right  to  those  who  perform  the  labor.  From  this  brief  proposi- 
tion the  reasoning  expands  into  the  full  socialist  philosophy.  In 
this  form  it  is  not  primarily  a  law  of  wages,  but  a  reform  program 
that  seeks  to  reorganize  industrial  society  and  abolish  wages. 
Wages  as  a  bargain  between  those  who  work  and  those  who 
employ  them  can  never  be  fair  since  no  division  of  product  can 
be  just  when  the  product  is  due  entirely  to  the  efforts  of  the  one. 

The  theory  is  difficult  to  state  in  brief  because  of  the  differ- 
ences of  opinion  among  its  advocates.  Marx  himself  did  not 
develop  it  into  a  statement  that  has  proved  to  be  final.  His 
followers  in  seeking  to  perfect  it  have  not  yet  arrived  at  a  point 
of  definite  agreement.  As  restated  by  two  of  his  recognized 
followers,  it  takes  a  form  as  follows:  "In  common  with  Smith, 
Ricardo  and  other  representatives  of  the  classical  school  of 
political  economy,  Marx  holds  that  the  value  of  a  commodity  is 
determined  by  the  labor  time  expended  in  its  production,  the 
labor  time  in  question  being  defined  as  'the  labor  time  socially 


54     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

necessary  to  produce  an  article  under  the  normal  conditions  of 
production  with  the  average  degree  of  skill  and  intensity  prev- 
alent at  that  time.'"  (Hillquit.)  "This  is  the  problem  of 
value  which  all  great  economists  have  tried  to  solve.  Sir  William 
Petty,  Adam  Smith,  David  Ricardo,  John  Stuart  Mill  and  Karl 
Marx  developed  what  is  known  as  the  labor  value  theory  as  the 
solution  of  the  problem.  This  theory,  as  developed  by  Marx,  not 
in  its  cruder  forms,  is  one  of  the  cardinal  principles  in  Socialist 
Economic  theory.  The  Ricardian  statement  of  the  theory  is 
that  the  relative  value  of  commodities  to  one  another  is  deter- 
mined by  the  relative  amounts  of  human  labor  embodied  in 
them;  that  the  quantity  of  labor  embodied  in  them  is  the  deter- 
minant of  the  value  of  all  commodities."  (Spargo.)  A  brief 
form  of  the  statement  may  be  found  again  in  Spargo:  "The  ex- 
change-value of  commodities  is  determined  by  the  amount  of 
average  labor  at  the  time  socially  necessary  for  their  pro- 
duction." 

The  socialist  theories  proceed  directly  to  a  social  program, 
involving  a  thorough  reorganization  of  industrial  society  and  a 
new  socialist  state.  The  value  of  the  proposed  program  has 
had  much  to  do  with  the  acceptance  or  rejection  of  the  theories 
upon  which  it  is  based.  The  glimpses  of  this  new  social  order 
reveal  generally  a  condition  in  which  wages  as  such  are  abolished 
and  income  is  distributed  upon  some  plan  either  entirely  new  or 
greatly  modified. 

Employers'  Interpretation.  —  While  theorists  have  been  giv- 
ing their  attention  to  the  elaboration  of  the  various  views  that 
have  been  summed  up  so  briefly,  the  employer  has  been  setting 
up  for  himself  an  interpretation  of  the  situation.  He  would  not 
assume  to  call  it  a  theory.  It  is  more  real  to  him  than  theories 
usually  are.  To  him  there  is  a  labor  market  where  he  buys  his 
labor,  just  as  he  buys  his  raw  material,  on  the  most  favorable 
terms.  With  the  keen  knowledge  of  experience  he  sorts  his  labor, 
always  buying  the  qualities  that  best  suit  his  purposes.  He  never 
uses  a  high  grade  piece  of  material  where  one  of  lower  grade  will 
do.  Likewise  he  never  uses  a  high  price  man  where  a  lower  price 
one  will  do.  To  him  a  good  labor  market  is  one  plentifully 
stocked  with  a  variety  of  labor  enabling  him  to  pick  and  choose 
and  to  have  an  advantage  in  bargaining.  A  market  where  labor 
does  not  show  this  variety  is  a  poor  labor  market.    This  situation 


WAGE  THEORIES  55 

he  sums  up  with  the  time-worn  expression,  demand  and  supply. 
Wages  are  fixed  by  demand  and  supply,  the  same  forces  that,  to 
his  mind,  determine  the  prices  of  his  raw  materials  and  his 
finished  products. 

Laborers'  Interpretation.  —  The  laborer  sees  the  situation 
from  yet  another  angle.  The  theoretical  considerations  are  to 
him  not  very  real.  He  is  so  close  to  the  exceptions,  the  varia- 
tions that  prevent  tendencies  from  expressing  themselves  "in  the 
long  run,"  that  he  cannot  see  them  in  the  large  relations  as 
the  theorist  views  them.  He  must  have  something  that  to 
him  seems  real,  and  these  theories  lack  the  appearance  of  real- 
ity. But  he  has  a  standard  of  living  to  maintain  and  he  fights 
vigorously  against  anything  that  endangers  it.  This  is  to  him 
the  one  thing  of  unsurpassed  importance.  Whatever  the  con- 
ditions of  the  labor  market  may  be,  however  the  adjustment 
between  demand  and  supply  may  vary,  he  must  have  enough 
to  live  on,  —  he  and  his  family.  Thus  the  standard  of  living 
and  a  wage  that  makes  its  maintenance  possible  are  to  him 
the  decisive  factors  in  all  wage  discussions. 

The  contrast  between  the  last  two  views  is  strikingly  shown 
in  the  following  instance:  In  Chicago,  a  few  years  ago,  there 
was  a  strike  of  oil  wagon  drivers.  They  were  receiving  $2 
a  day  and  were  asking  $75  a  month.  The  method  they  adopted 
in  urging  their  case  was  somewhat  novel.  A  committee,  headed 
by  the  business  agent  of  the  union,  called  upon  the  man- 
ager and  made  in  substance  the  following  statement:  We  want 
to  show  you  what  it  costs  the  average  family  among  our  num- 
ber to  live.  For  rent,  fuel,  food,  light  and  car  fare  it  costs 
$1.97  a  day.  That  leaves  three  cents  a  day  for  clothing  for 
self  and  family,  doctor's  bills,  and  such  other  items  as  usually 
enter  into  the  family  budget.  The  manager  was  then  asked  if  he 
could  live  on  $2  a  day  or  if  he  could  suggest  how  his  men 
could  buy  clothing  and  other  necessaries  on  three  cents  a  day. 
The  manager's  reply  was  frank.  He  did  not  believe  he  could. 
But  the  fact  was  that  he  could  get  plenty  of  teamsters  who 
were  willing  to  work  for  $2  a  day.  That,  he  added,  is  really 
what  governs  wages  more  than  the  cost  of  living. 

Any  effort  to  state  in  such  brief  form  the  various  theories 
of  wages  must  inevitably  be  unsatisfactory  because  inadequate. 
Yet  it  has  been  undertaken  for  the  purpose  of  indicating  their 


56      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

effects  upon  the  movement  of  organized  labor.  As  will  be 
seen,  the  formulation  of  the  first  theory  came  at  the  time  when 
combinations  of  laborers  were  beginning  to  appear  but  were  not 
sanctioned  by  law.  The  period  just  prior  to  the  formulation 
of  the  wages  fund  theory  was  the  same  as  that  of  the  Industrial 
Revolution  and  the  enactment  of  the  law  (1799)  against  all 
combinations  of  laborers.  The  legalization  of  unions  (1824) 
came  at  the  time  of  the  beginning  of  influence  of  the  wages 
fund  theory;  and  the  beginnings  of  federated  unions  and  amal- 
gamations covered  the  period  when  economic  science  was  being 
moulded  into  shape  and  taking  on  a  definite  form.  The  modern 
theories  have  been  put  forward  at  a  time  when  unions  were 
well  established  and  were  increasing  in  strength  and  influence. 

Importance  of  Theories  to  Laborers.  —  There  is  little  in  any 
of  these  theories  that  has  afforded  much  encouragement  to 
the  laborer.  Certainly  there  was  no  consolation  in  a  theory 
that  dictated  the  reduction  of  wages  for  the  purpose  of  encour- 
aging or  forcing  habits  of  industry.  With  the  appearance  of 
the  statement  in  the  Wealth  of  Nations  that  all  value  is  due 
to  labor  the  outlook  must  have  appeared  more  encouraging. 
Yet  Malthus's  turn  to  the  discussion  was  disheartening  in  so 
far  as  the  inevitable  pressure  on  food  supply  and  consequent 
poverty  at  regularly  recurring  intervals  was  an  important  factor. 
Again,  the  wages  fund  doctrine  did  not  afford  much  encourage- 
ment. It  was  in  the  time  of  laissez  faire  when  the  government 
was  to  keep  hands  off  and  struggling  interests  were  to  adjust 
themselves.  With  a  fixed  sum  of  capital,  however,  to  be  dis- 
tributed as  wages  among  the  laborers,  the  only  outlook  for 
gain  was  at  the  loss  of  some  others  of  the  same  group. 

The  inevitableness  of  the  increase  of  population  and  the 
consequent  increase  in  the  numbers  of  laborers  is  to  this  class 
a  fact  the  reality  of  which  cannot  for  a  moment  be  doubted. 
This  means  a  lowering  of  the  margin  and  a  consequent  reduction 
in  the  wages  of  the  group.  The  idea  of  fairness  in  the  distri- 
bution according  to  the  share  produced  is  offset  by  the  idea 
that  the  share  produced  must  diminish.  This  appears  as  an 
inevitable  result.  The  element  of  hope  associated  with  the 
policy  of  increasing  the  efficiency  of  the  labor  units  together 
with  the  increasing  uses  of  the  instruments  of  production, 
making  industry  as  a  whole  more  productive,  is  too  far  removed 


WAGE  THEORIES  57 

to  throw  any  ray  of  optimism  on  this  theory.  So  it  is  that  the 
productivity  theory  cannot  attract  the  laborers  generally. 

The  value  theory  of  the  socialist  doctrine  appeals  to  the  work- 
ingmen  in  large  numbers.  Yet  it  has  associated  with  it  the  rad- 
ical program  of  social  reorganization  that  encounters  opposition 
for  social  and  political  reasons  and  leaves  it  a  problem  as  to 
just  how  influential  this  theory  will  become. 

It  is  doubtful  if  any  great  weight  of  influence  is  to  be  at- 
tributed directly  to  any  of  these  various  theories.  In  earlier 
times  the  habit  of  reading  and  discussion  had  not  been  formed. 
The  theories  were  remote  from  the  thought  and  the  immediate 
problems  of  laborers.  Yet  it  cannot  be  doubted  that  there 
was  some  indirect  influence.  Parliament  or  Congress  was  the 
common  ground  of  exchange  and  through  the  activity  of  these 
bodies  as  shaped  by  the  various  theories  their  influence  was 
felt  on  the  spirit  of  the  workingmen. 

The  rough  and  ready  explanation  of  the  situation  adopted 
by  the  employer  had  a  much  more  direct  influence.  If  demand 
and  supply  affected  wages,  these  factors  could  be  controlled. 
As  the  employer  might  adjust  the  demand  so  the  laborers  might 
regulate  the  supply.  Organization  afforded  the  opportunity 
to  do  this.  If  labor  was  a  commodity  to  be  bought  in  the  cheap- 
est market,  organizations  could  be  effected  that  would  control, 
at  least  in  part,  this  market. 


CHAPTER  TV 
MODERN   INDUSTRIALISM 

Were  there  no  reasons  other  than  historical  for  the  existence 
of  labor  unions,  these  would  explain  much.  The  causes,  the 
stages  in  their  development,  the  form  that  characterizes  their 
organization  and  the  spirit  that  animates  their  activity;  these 
are  all  intimately  related  with  the  past.  But  the  present  has 
its  explanation  as  well.  Modern  industry  explains  much  in 
modern  life.  Its  form,  assumed  so  largely  in  the  last  quarter- 
century,  has  been  the  dominant  factor  in  shaping  our  new 
twentieth-century  civilization.  In  this  new  industry  labor 
unions  have  their  place.  To  its  newer  phases  one  may  look 
for  further  reasons  for  their  existence.  Among  these  elements 
the  following  may  be  noted  as  important. 

Changing  Proportions  of  Capital  and  Labor.  —  The  amount 
of  capital  and  the  supply  of  labor  are  constantly  changing. 
These  changes  are  especially  prominent  in  modern  times.  They 
are  not  well  adjusted  to  each  other.  When  capital  is  accu- 
mulated from  savings  it  must  be  put  to  work.  This  can  be 
effectively  done  only  by  combining  it  in  proper  proportions  with 
labor.  When  the  labor  supply  is  increased  modern  industrialism 
has  no  place  for  it  except  as  it  finds  a  complement  of  capital. 
Both  of  these  factors  of  production  are  increasing.  But  the 
increase  is  neither  systematic  nor  balanced.  The  changes  are 
quite  independent  each  of  the  other.  Birth  rate  is  controlled 
only  indirectly  by  industrial  demands  for  labor.  Immigration 
is  regulated  in  amount  by  a  variety  of  forces,  industrial,  political, 
and  humanitarian.  Its  distribution  is  quite  unregulated. 
Savings  also  have  their  stimulants  and  their  checks,  but  they 
are  by  no  means  all  industrial.  Taxing  policies,  political  power 
and  social  ambitions  act  very  directly  on  savings  as  a  source 
of  capital.  These  suggestions  make  it  clear  that  the  importance 
of  capital  and  labor  each  to  the  other,  so  fully  recognized  when 
measuring  industry  in  terms  of  efficiency,  is  quite  overlooked 

58 


MODERN  INDUSTRIALISM  59 

in  the  matter  of  definite  regulation  and  scientific  adjustment. 
It  is  doubtless  true  that  "in  the  long  run"  the  birth  rate,  the 
number  of  immigrants,  expanding  industry,  increase  of  capital, 
are  automatically  adjusted  after  a  fashion.  But  this  "long 
run"  is  too  long  for  the  individual  to  contemplate  with  patience. 
The  exigencies  are  so  pressing  that  they  do  not  encourage 
philosophical  contemplation.  In  its  effort  to  modify  this  malad- 
justment in  favor  of  better  immediate  conditions  for  the  la- 
borers, the  labor  organization  finds  one  of  the  explanations 
of  its  existence. 

While  this  phase  of  maladjustment  in  modern  life  has  many 
manifestations,  it  is  so  general  that  its  importance  may  not 
fully  appear  unless  it  is  further  indicated. 

The  Labor  Market.  —  There  is  what  is  known  as  the  "labor 
market."  Business  outlook  is  frequently  expressed  in  terms 
of  the  condition  of  this  market.  But,  as  has  been  pointed  out 
in  another  connection,  a  "good"  labor  market  for  an  employer 
may  be  "bad"  for  the  workman.  Much  depends  upon  the 
point  of  view  as  between  good  and  bad.  In  other  words,  this 
bargaining  field  has  its  antagonism  and  its  frictions.  The 
employer  seeks  to  create  a  favorable  market  when  he  goes 
out  to  bargain  for  his  labor.  So  the  laborer  tries  to  make  the 
market  "good"  for  himself.  Individually  it  is  not  easy  for 
laborers  to  do  this.  Collectively  it  is  not  so  difficult.  So  or- 
ganization is  used  in  the  accomplishment  of  this  end. 

Capitalistic  Production.  —  It  is  by  no  means  unfamiliar  to 
hear  modern  industry  characterized  as  capitalistic.  The  sig- 
nificance of  this  is  not  to  be  overlooked.  Production  is  indirect. 
Tools  have  yielded  to  machines.  These  in  turn  have  grown 
more  complex  and  interrelated  until  machinery  has  a  meaning 
somewhat  different  from  machine.  Further,  machinery  has 
merged  into  plants.  These  vast  complexes  of  capital  goods 
dominate  modern  industry.  In  them  is  carried  to  a  point  hith- 
erto undreamed  of  the  division  of  labor  and  subdivision  of 
processes.  There  are  many  meanings  to  such  a  situation.  One 
is  that  labor  has  been  made  more  dependent  upon  conditions. 
Time  was  when  labor  was  the  shaping  factor  in  industry  and 
tools  and  implements  were  assistants.  Now  the  relation  is 
quite  reversed.  Capital  dominates  and  labor  assists.  This 
new  situation  is  important  in  at  least  three  particulars.    First: 


60     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

there  is  a  separation  of  the  workman  from  his  tools.  These 
tools  are  now  parts  of  an  industrial  plant.  Without  them 
labor  is  ineffective.  With  them  production  is  enormously  stim- 
ulated. But  empty-handed  labor  is  at  a  tremendous  disadvan- 
tage. Second:  men  formerly  produced  for  purposes  of  consump- 
tion. The  relation  was  very  direct.  Now  production  is  much 
more  indirectly  related  to  consumption.  Formerly  the  laborer 
saw  the  result  of  his  labor  growing  into  a  product  the  disposition 
of  which,  if  not  its  consumption,  would  lie  largely  in  his  own 
hands.  Labor  now  works  for  wages,  scarcely  knowing  what 
it  is  producing.  Its  chief  concern  now  is  not  the  "creation  of 
utilities,"  but  rather  it  is  getting  and  keeping  a  "job."  Third: 
(and  naturally  following  from  these  two)  the  workman  is  de- 
pendent upon  others  for  the  opportunity  to  work.  Individual 
initiative  still  has  a  high  value  and  it  should  still  be  preached 
in  season.  Yet  there  is  more  of  pure  rhetoric  in  it  than  there 
was  in  former  days.  Where  machinery  is  so  complex  and  so 
necessary  to  industry  and  where,  because  of  this,  it  is  owned 
by  the  employer,  the  opportunity  is  quite  entirely  at  the  dis- 
posal of  the  employer.  This  creates  a  dependency  that  is  very 
real.  To  aid  in  protecting  the  interests  of  laborers  amid  these 
changes  growing  out  of  capitalistic  production,  labor  unions 
have  appeared  to  many  laborers  as  necessary. 

Entrepreneur  Regime.  —  In  the  previous  paragraph  the  in- 
dustrial system  has  been  spoken  of  as  capitalistic.  This  term 
has  been  generally  accepted  as  fairly  descriptive,  but  it  is  quite 
evident  that  industry  has  progressed  beyond  this  characteristic 
stage.  To  the  use  of  capital  goods  has  been  added  as  a  later 
stage  in  development  the  specialization  in  its  management. 
Ownership  and  management  are  not  so  completely  united  as 
formerly.  Indeed  it  is  undoubtedly  more  accurate  to  call  this 
the  entrepreneur's  stage  of  industry.  The  significance  of  this 
becomes  evident  when  it  is  related  to  another  phase  of  develop- 
ment. There  is  the  historical  change  from  "status"  to  "con- 
tract," a  change  the  importance  of  which  has  been  much  em- 
phasized. Contract  relations  have  occupied  a  large  place  in  our 
thought.  But  the  entrepreneur  is  making  one  side  of  the  con- 
tract and  the  empty-handed  laborer  the  other.  This  raises  a 
very  real  practical  question  in  regard  to  the  contract  relations 
of  modern  industry.    Some  facts  have  already  been  stated  that 


MODERN  INDUSTRIALISM  6 1 

place  the  laborer  at  a  disadvantage  in  adjusting  that  particular 
contract  relation  that  is  called  the  wage-bargain.  Our  boasted 
pride  lies  in  the  fact  that  no  better  method  has  been  found  for 
adjusting  such  questions  than  in  an  atmosphere  of  freedom  of 
contract.  But  a  laborer  cannot  wait  as  an  employer  can  if  terms 
are  not  agreed  upon  at  once.  A  day  lost  to  a  laborer  cannot  be 
made  up.  Necessity  for  a  daily  income  flowing  from  daily  labor, 
emphasized  by  a  dependent  family,  does  not  allow  of  a  laborer 
rejecting  for  long  an  offer  that  will  not  be  held  open  indefinitely. 
He  is  at  a  heavy  disadvantage  in  bargaining.  He  is  offered  em- 
ployment which  he  may  accept  or  not  as  he  may  please.  He  is 
employed  together  with  others  in  large  numbers  or  "gangs" 
and  he  is  a  "hand."  He  cannot  always  know  where  the  labor 
market  is  favorable  to  him,  and  if  he  knows  he  cannot  always 
"flow"  to  it.  Home  ties,  such  as  family  relations,  a  house  partly 
paid  for  on  an  instalment  plan,  education  of  children,  —  these 
may  hold  him  to  a  limited  area.  Such  serious  and  practical 
disadvantages  serve  to  upset  that  degree  of  equality  in  bar- 
gaining power  which  is  essential  to  the  establishment  and  main- 
tenance of  practical  freedom  of  contract.  The  unions  seek  to  pro- 
tect the  laborers'  interests  against  these  disadvantages. 

Rate  of  Industrial  Change.  —  The  very  rapidity  of  the 
changes  of  recent  years  brings  hardship  as  well  as  benefit.  In- 
dividuals often  pay  the  price  of  social  benefit,  but  they  seldom  do 
it  willingly.  Nor  does  society  always  seek  to  compensate  them 
fairly.  Changes  in  skill  or  craft  are  slow.  An  improved  process 
calls  for  an  improved  machine  and  an  improved  man.  The  im- 
proved process  is  a  saving  to  the  employer  and  a  benefit  to  the 
community.  The  improved  machine  may  be  built  and  the  old 
one  "scrapped,"  it  being  charged  against  the  industry.  The  im- 
proved man  is  found  in  the  vocational  or  trade  school  perhaps, 
or  if  not  it  will  not  occasion  very  great  delay  before  the  young 
can  be  taught.  But  the  one  skilled  in  the  old  process  has  so 
great  a  skill  that  it  is  second  nature  and  what  is  to  be  done  with 
him?  It  requires  time  to  shape  and  fashion  men  to  the  right 
kind  and  degree  of  skill  for  industry.  They  cannot  be  changed 
very  much  after  the  shaping  has  once  been  done.  These  laborers 
see  the  situation  from  an  angle  of  their  own  interests  and  act 
accordingly.  Mutual  concern  leads  to  a  use  of  the  advantages 
of  unions  for  self -protection. 


62     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Labor's  Replacement  Fund.  —  Another  unquestioned  phase 
of  industry  is  its  speed.  Machines  are  geared  up  to  the  point 
that  will  secure  the  maximum  of  product  consistent  with  the 
welfare  of  the  machine  which  is  intended  to  be  short-lived  any- 
way. This  places  a  tax  on  the  energies  of  men.  The  result  is 
premature  old  age.  For  the  machine  there  is  a  replacement 
fund.  This  takes  the  place  of  machinery  when  the  latter  is 
scrapped.  For  the  men  there  are  wages  from  which  they  are 
supposed  to  accumulate  a  "replacement  fund." 

For  hired  capital  this  replacement  fund  is  taken  care  of  by 
standard  methods  recognized  by  the  rules  of  good  business. 
The  lender  looks  after  that  before  the  loan  is  negotiated.  But 
not  so  for  the  individual  laborer.  He  cannot  pay  a  commission 
to  an  agent  to  place  his  labor  for  him,  as  a  capitalist  can.  A 
machine  is  built  primarily  to  be  used  in  this  way.  It  is  built  for 
speed.  Men  can  become  adjusted  to  such  needs  only  by  evolu- 
tion and  a  process  of  the  survival  of  the  adaptable.  This  is  a 
slow  process;  too  slow  to  amount  to  anything  practically.  The 
machine  can  be  separated  from  its  owner  and  can  be  used  without 
danger.  The  laborer  must  be  where  he  labors.  He  is  not  free 
from  the  danger  of  his  labor.  He  takes  his  whole  self,  not  simply 
his  industrial  self,  to  his  work.  Nervous  strain  is  felt  on  the  man 
himself,  the  whole  being.  Monotony,  strain,  weariness,  are  such 
to  the  whole  man  and  last  after  work  hours  are  over.  He  cannot 
leave  them  in  the  factory.  In  fact  he  must  not  only  carry  them 
away  but  he  must  return  the  next  day  without  them.  Such 
conditions  are  to  be  considered  in  explaining  the  existence  and 
activities  of  unions. 

Industrial  Depressions.  —  The  irregularity  of  business  con- 
ditions is  a  fact  from  which  modern  industry  has  not  yet  freed 
itself.  Bad  times  follow  good  times  and  retrenchment  is  nec- 
essary. But  interest  and  rent  are  more  generally  fixed  than  is 
often  realized.  Long  term  leases  create  demands  that  must  be 
met.  Long  term  notes,  bonds,  mortgages,  preferred  stock  result 
in  charges  that  are  fixed.  When  depression  comes  income  falls 
off  and  the  convenience  in  meeting  these  charges  is  more  or  less 
curtailed.  In  such  a  situation  a  period  of  depression,  a  lean  year, 
is  the  harder  to  meet.  This  fact  of  irregular  income  on  the  one 
hand  and  the  necessity  for  regular  returns  on  the  other,  has  made 
the  pay  roll  of  special  significance.    Men  can  be  laid  off  when 


MODERN  INDUSTRIALISM  63 

bonds  cannot  be  set  aside.  Mills  can  be  run  on  part  time,  but 
overhead  charges  are  continuous.  Wages  can  be  reduced,  but 
interest  rates  constitute  a  contract.  This  results  in  the  pay  roll 
being  a  kind  of  buffer  or  shock  absorber  to  ease  the  jolts  in  a 
period  of  hard  times.  It  is  to  make  the  pay  roll  more  nearly  con- 
stant, to  prevent  a  resort  to  it  whenever  economies  in  the  busi- 
ness become  necessary,  that  laborers  resort  to  unions. 

Corporate  Organization.  —  Finally,  in  even  a  partial  list  of 
the  characteristic  features  of  modern  industry  the  spread  of  the 
corporate  form  of  business  organization  must  not  be  omitted. 
The  corporation  is  the  dominant  form.  This  has  changed  the 
relation  between  employer  and  employee  from  the  personal  to 
the  impersonal.  Directors  determine  policies.  The  officers  of 
administration  carry  these  policies  into  effect.  This  they  do 
through  superintendents,  foremen  and  bosses.  The  workman 
comes  into  intimate  contact  with  the  foreman  and  the  boss. 
Occasionally  he  may  see  a  superintendent,  but  he  does  not  know 
him.  He  never  speaks  with  one.  The  employer  does  not  appear 
to  him  as  a  man  with  human  interests  and  relations.  The  em- 
ployer is  a  corporation.  There  is  much  of  real  psychological 
importance  in  this  change.  There  is  no  individual  to  bargain 
with,  because  the  foreman  who  has  received  instructions  to  take 
on  fifty  or  a  hundred  more  hands  has  no  authority  to  meet  the 
wishes  of  these  hands  as  to  any  of  the  working  conditions.  His 
course  is  set  for  him.  The  board  of  directors  sitting  around  the 
table  in  the  directors'  room  determine  wages,  hours  and  condi- 
tions of  labor  and  a  man  is  taken  on  if  he  is  willing  to  accept 
them.  There  is  no  bargaining.  It  is  to  restore  something  of 
these  personal  relations  and  to  secure  some  degree  of  bargaining 
over  wages  that  the  men  unite  and  authorize  officers  to  act  for 
them.  An  executive  committee  of  a  union  with  a  thousand  or 
more  members  can  meet  a  board  of  directors  and  often  gain  a 
hearing.  Through  such  an  organization  a  thousand  men  can 
speak  as  one  man.  Unions  seek  to  take  the  place  of  the  individ- 
ual workman  as  corporations  take  the  place  of  the  individual 
employer  and  aim  to  restore  something  of  the  equality  that  pre- 
viously existed. 

Maintenance  of  Dividends.  —  But  while  corporations  have 
so  largely  abolished  the  personal  relations  and  personal  bargain- 
ing, they  have  also  been  responsible  for  another  important 


64     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

change.  In  a  previous  paragraph  it  has  been  emphasized  that 
fixed  charges  have  become  of  large  importance  in  business 
finance.  They  have  forced  upon  the  pay  roll  a  responsibility 
that  it  has  not  always  had  to  bear.  To  this  must  be  added  a 
practice  in  corporation  finance  that  makes  this  burden  even 
heavier.  When  times  are  good  market  quotations  on  common 
stock  run  high  because  of  large  dividends.  If  these  favorable 
business  conditions  continue  over  an  extended  period  the  profits 
are  capitalized.  An  enterprise  with  a  comparatively  small 
amount  of  real  capital  invested  "cuts  a  melon,"  distributing 
more  shares  of  stock  to  the  same  stockholders  without  calling 
for  any  added  investment  or  outlay  on  their  part.  These  new 
stock  issues  become  a  fixed  charge  against  further  earnings. 
Not  in  the  same  sense  as  would  be  true  of  bonds,  to  be  sure, 
but  yet  virtually  a  fixed  charge  against  the  future  earnings  of 
the  industry.  Regular  dividends  of  the  established  amount  must 
be  paid  on  them  because  the  credit  of  the  company  is  at  stake. 
From  two  to  four  or  five  or  more  times  the  reasonable  returns  on 
the  initial  investment  are  thus  paid  as  dividends.  Strikes  of 
laborers  against  high  dividends  to  stockholders  are  not  usual 
occurrences  yet.  But  it  is  not  at  all  improbable  that  their  fre- 
quency may  increase.  Union  leaders  are  following  very  intel- 
ligently the  reports  of  the  numerous  investigations  into  business 
activity.  They  are  learning  more  of  these  modern  finance  meth- 
ods. They  are  becoming  more  directly  interested  in  them.  The 
organizations  among  laborers  are  becoming  more  active  in 
seeking  to  protect  their  own  interests  in  these  lines.  It  is  coming 
to  be  a  very  positive  reason  for  some  of  the  policies  of  organized 
labor. 

Employers'  Associations 

One  other  element  demands  attention.  Employers'  associa- 
tions are  a  power  that  has  to  be  reckoned  with.  It  must  be 
admitted  that  they  are  of  not  quite  the  same  significance  as  the 
elements  that  have  been  named  thus  far  in  the  chapter.  Em- 
ployers would  explain  their  organizations  often,  if  not  always,  as 
their  answer  to  the  organization  of  labor.  In  a  sense  this  is  true. 
Yet  not  entirely  so.  A  more  thorough  investigation  might  lead 
to  the  question:  who  began  it?    No  very  satisfactory  results 


MODERN  INDUSTRIALISM  65 

could  follow  such  an  investigation.  Nor  does  it  need  to  be 
made.  The  situation  is  clear  at  the  present  time.  Employers' 
associations  exist.  They  are  powerful.  No  one  realizes  this  more 
fully  than  the  laborer  himself.  To  counteract  their  power  and 
to  secure  to  themselves  a  greater  bargaining  strength,  the  laborers 
seek  to  organize  the  more  effectively.  Each  new  element  of 
organization  on  the  part  of  one  has  led  to  a  new  move  by  the 
other,  so  that  in  the  past  few  years  it  is  probably  in  part  true 
that  each  side  can  truthfully  say  that  it  is  strengthening  its 
organization  because  the  other  is  doing  the  same. 

Early  Associations.  —  These  associations  of  employers  are 
not  a  purely  modern  invention.  The  early  efforts  of  the  laborers 
to  speak  collectively  were  met  by  collective  replies  from  their 
employers.  As  early  as  1832  the  merchants  and  shipowners 
of  Boston  formed  an  association  to  deal  with  their  laborers. 
They  are  reported  to  have  voted  to  "discountenance  and  check 
the  unlawful  combination  formed  to  control  the  freedom  of 
individuals  as  to  the  hours  of  labor  and  to  thwart  and  embar- 
rass those  by  whom  they  are  employed  and  liberally  paid." 
They  also  "deplored  the  pernicious  and  demoralizing  tendency 
of  those  combinations  and  the  unreasonableness  of  the  attempt, 
in  particular  where  mechanics  are  held  in  so  high  estimation  and 
their  skill  in  labor  so  liberally  rewarded."  They  finally  resolved: 
"We  will  neither  employ  any  journeyman  who  at  the  time 
belongs  to  such  combinations,  nor  will  we  give  work  to  any 
master  mechanic  who  shall  employ  them  while  they  continue 
thus  pledged  to  each  other  and  refuse  to  work  the  hours  it  has 
been  and  now  is  customary  for  mechanics  to  work."  This  com- 
bination is  reported  to  have  embraced  one  hundred  and  six 
firms  in  all.  There  were  other  associations  during  these  early 
years,  all  formed  for  essentially  the  same  purpose  and  express- 
ing themselves  in  much  the  same  manner  as  to  the  necessity 
for  controlling  the  laborers  in  their  organized  activities. 

Later  Growth.  —  In  1864  the  iron  founders  of  Chicago  recog- 
nized the  necessity  of  an  association  in  that  city.  As  a  result 
was  formed  the  Iron  Founders  Association  of  Chicago.  This 
body  apparently  agreed  that  the  laborers  might  properly  form 
their  unions  for  purposes  that  concerned  only  themselves. 
Such  activity  must  be  kept,  however,  within  proper  limits. 
"When  employees  seek  to  enter  the  sphere  of  employers," 


66      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

they  asserted,  "and  to  dictate  to  them  in  the  management  of 
their  business,  it  becomes  not  only  the  right  but  the  duty  of 
employers  to  check  and  suppress  such  movements  by  any  law- 
ful means." 

It  was  not  long  before  national  associations  came  into  the 
field.  In  1875  the  National  Potters  Association  was  formed. 
Then  followed  the  Stove  Founders  National  Defense  Associa- 
tion (1886)  which  was  further  developed  into  the  more  com- 
prehensive National  Founders  Association  (1898).  The  metal 
trades  came  together  in  the  National  Metal  Trades  Association 
(1899).  By  1905  several  important  trades  were  organized  on 
a  national  basis.  Among  them  were  the  stove  and  furnace 
industry,  metal  foundry  work,  lake  transportation,  machine 
construction,  publishing  and  printing,  marble  cutting  and  man- 
ufacture of  ready-made  clothing.  All  of  these  became  strong 
national  organizations  treating  with  the  employees  collectively 
by  contracts.  In  addition  to  these  larger  ones,  there  were 
numerous  local  associations  formed  for  the  same  general  pur- 
poses. 

The  National  Association  of  Manufacturers  was  formed  in 
1895.  Its  main  purpose  was  to  push  export  trade.  It  early 
became  interested  in  the  activities  of  labor  organizations  and 
developed  its  policies  accordingly.  By  1903  it  had  formed  the 
Citizens  Industrial  Association  of  America.  This  last  named 
association  became  at  once  very  active  in  connection  with 
labor  unions.  In  1903  the  president  of  the  older  organization, 
who  was  made  the  first  president  of  the  Citizens  Industrial  Asso- 
ciation of  America,  devoted  his  presidential  address  almost  en- 
tirely to  the  relations  of  capital  and  labor.  The  policy  made 
the  association  the  leader  in  opposition  to  "trade  union  en- 
croachments." It  was  evidently  as  the  result  of  this  address 
that  the  Citizens  Industrial  Association  was  formed.  Together 
these  two  associations  (which  were  in  a  sense  a  single  organi- 
zation) represented  a  combination  of  sixty  national  associations, 
sixty-six  district  and  state  organizations  and  three  hundred 
thirty-five  locals.  One  more  step  in  the  consolidation  was 
brought  about  in  1907  with  the  formation  of  the  National  Coun- 
cil for  Industrial  Defense.  This  was  made  up  of  two  hundred 
twenty-eight  national,  state  and  local  organizations  of  business 
men.    The  Citizens  Industrial  Association  of  America  was  one 


MODERN  INDUSTRIALISM  67 

of  this  group.  The  labor  principles  of  the  National  Association 
of  Manufacturers  may  be  summed  up  in  the  following  words: 
"The  National  Association  of  Manufacturers  disapproves  abso- 
lutely of  strikes  and  lockouts,  and  favors  an  equitable  adjust- 
ment of  all  differences  between  employers  and  employees  by 
an  amicable  method  that  will  preserve  the  rights  of  both  par- 
ties." 

Characteristic  Form.  —  The  usual  form  of  the  organization 
of  these  employers'  associations  may  be  briefly  described  in 
outline.  The  membership  consists  of  employing  firms.  These 
members  elect  an  administrative  council.  Dues  are  paid  and 
become  the  basis  for  a  "defense  fund."  Any  employer  who  has 
trouble  in  his  shop  is  bound  by  the  rules  to  report  the  same  to 
the  council.  If  the  trouble  be  serious,  the  council  takes  charge 
and  under  penalties  more  or  less  heavy  the  employer  is  bound 
to  take  no  action  not  advised  or  approved  by  the  council.  The 
council  investigates  and  endeavors  to  adjust  the  difficulties 
in  accordance  with  the  principles  on  which  the  association  is 
based.  If  the  adjustment  cannot  be  made  in  this  manner, 
then  all  the  members  of  the  association  become  in  fact  backers 
of  the  employer  in  his  struggle.  If  the  territory  covered  by 
the  membership  be  large,  the  area  is  divided  into  districts 
and  a  chairman  and  vice-chairman  named  for  each  district. 
These,  together  with  the  officers  of  the  association  and  the 
salaried  executive  secretary,  constitute  the  administrative  coun- 
cil. The  executive  officer  investigates  cases  of  trouble  first. 
When  he  takes  charge,  the  employer  is  bound  to  carry  out 
any  decision  made  by  him  and  the  administrative  council. 
Pending  such  action  and  decision  he  cannot  make  a  settlement 
in  any  other  way.  In  case  of  strike,  the  association  furnishes 
aid  in  various  forms.  Through  employment  agencies  they  may 
assist  him  in  securing  competent  and  docile  workmen.  They 
may  provide  for  having  his  orders  filled  through  other  shops. 
They  may  provide  him  with  necessary  cash  in  case  of  need. 
They  may  engage  a  number  of  skilled  men  under  yearly  con- 
tracts who  will  be  available  to  send  to  any  shop  where  they 
may  be  needed  because  of  a  strike.  They  may  issue  a  period- 
ical or  circular  which  will  convey  to  all  members  such  items 
as  may  be  of  interest.  These  various  activities  may  of  course 
be  modified  to  suit  the  needs  of  either  the  locality  or  the  indus- 


68     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

try.  The  thoroughness  of  the  cooperation  is  sufficiently  ap- 
parent. 

Purposes :  Employers'  Statements.  —  Two  lines  of  state- 
ments from  such  associations  as  these  must  be  made  in  order  to 
see  their  purposes  as  clearly  as  the  laborers  do.  Taking  the 
Citizens  Industrial  Association  for  illustration,  there  is  first  the 
set  of  resolutions  adopted  at  their  first  meeting. 

"Whereas,  the  strained  relations  between  employer  and  em- 
ployee are  rapidly  reducing  the  business  conditions  of  the 
country  into  a  state  of  chaos  and  anarchy,  and  the  forces  of 
socialism  which  are  assuming  control  of  the  situation  regard 
neither  law  nor  the  rights  and  the  liberties  of  individuals,  and 

"Whereas,  the  Constitution  of  the  United  States  provides 
that  'Congress  shall  have  power  to  regulate  commerce  with 
foreign  nations  and  among  the  several  States,'  and  further 
provides  that  'No  person  shall  be  deprived  of  life,  liberty, 
or  property  without  due  process  of  law,  nor  shall  private  prop- 
erty  be   taken   without   just    compensation,'   therefore   be   it 

"Resolved,  that  this  convention  demands  that  the  officials, 
whether  civic,  State,  or  national,  enforce  the  law  of  the  land 
and  see  to  it  that  every  man,  woman  and  child  seeking  to  earn 
an  honest  livelihood  shall  be  protected  therein  by  the  whole 
force  of  the  State  or  of  the  nation,  if  it  be  necessary. 

"Resolved,  therefore,  that  in  carrying  on  a  firm  and  uncom- 
promising contest  with  the  abuses  of  unions  as  now  constituted 
and  conducted,  at  the  same  time  acknowledging  the  free  right 
of  workmen  to  combine,  and  admitting  that  their  combination 
when  rightfully  constituted  and  conducted  may  prove  highly 
useful,  we  earnestly  desire  to  act,  and  believe  we  are  acting, 
in  the  true  interests  of  the  workingmen  themselves,  for  our 
welfare  is  inseparable  from  theirs  and  theirs  from  ours;  we 
are  essentially  interdependent,  each  is  indispensably  necessary 
to  the  other;  and  those  who  stir  up  strife  between  us  are  enemies 
of  mankind. 

"Resolved,  that  the  Citizens  Industrial  Association  of  Amer- 
ica is  in  earnest  sympathy  with  every  movement  in  the  interest 
of  labor.  Believing  that  there  can  be  no  national  prosperity 
where  the  working  masses  are  ground  down  in  hopeless  poverty 
and  ignorance,  we  hold,  as  happiest  of  all  the  results  of  the 
great  industrial  revolution  achieved  in  the  last  half  century, 


MODERN  INDUSTRIALISM  69 

the  greatly  advanced  and  improved  condition  of  the  working- 
man  at  the  present  day." 

The  second  line  of  statements  appears  in  the  suggestions 
and  the  plans  of  the  organization.  One  of  the  purposes  was 
the  "protection  of  free  labor."  This  was  to  be  accomplished 
by  a  bureau  of  information  for  the  use  of  the  members.  One 
of  the  purposes  of  the  bureau  was  to  "keep  a  carefully  tabu- 
lated record  of  all  lawbreakers  and  undesirable  workmen." 
The  union  label  was  denounced  as  "a  form  of  discrimination, 
in  fact  a  species  of  the  boycott."  From  the  statement  of  the 
officials  it  is  learned  that  "this  is  not  the  proper  time  to  talk 
conciliation  .  .  .  since  the  principles  and  demands  of  organized 
labor  are  absolutely  untenable  to  those  believing  in  the  indi- 
vidualistic social  order.  Neither  is  it  the  time  to  talk  arbitra- 
tion or  joint  agreements." 

Labor's  View.  —  The  laborer  who  is  at  all  observant  of  this 
situation  will  be  sure  to  be  more  impressed  with  the  second  line 
of  statements  than  with  the  first.  He  will  see  in  these  combi- 
nations fighting  organizations  against  which  he  must  oppose 
some  force  or  allow  his  liberties  to  be  determined  for  him  en- 
tirely by  the  employers. 

These  denunciations  of  labor  organizations  are  not  pecu- 
liar to  any  one  group  of  employers.  The  list  of  quotations 
might  be  extended  to  much  greater  length.  Yet  one  other  state- 
ment must  suffice  to  illustrate.  "Since  we,"  as  employers, 
"are  responsible  for  the  work  turned  out  by  our  workmen, 
we  must  therefore  have  full  discretion  to  designate  the  men  we 
consider  competent  to  perform  the  work  and  to  determine  the 
conditions  under  which  that  work  shall  be  prosecuted;  the 
question  of  the  competency  of  the  men  being  determined  solely 
by  us.  While  disavowing  any  intention  to  interfere  with  the 
proper  functions  of  labor  organizations,  we  will  not  admit  of 
any  interference  with  the  management  of  our  business." 

The  description  of  this  situation  may  be  closed  with  the 
statement  of  an  advocate  of  the  employers'  associations.  "All 
the  employers'  organizations  with  which  I  am  familiar  are  based 
upon  the  principle  of  dealing  fairly  with  their  workingmen 
and  establishing  equity  and  justice  as  between  the  two.  .  .  . 
The  real  right  or  the  real  principle  which  should  govern  both 
bodies  is  a  common  interest."     Doubtless  every  labor  leader 


70     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

would  subscribe  to  such  a  description  of  every  labor  union 
with  which  he  is  familiar.  It  is  not  the  general  statements  on 
either  side  that  count  with  each  other.  The  acts  of  each  prompt 
the  other  to  continue  the  work  of  organization. 

Conclusions.  —  Thus  there  appears  an  important  group  of 
reasons  for  the  existence  and  the  activities  of  labor  unions. 
Taken  together  with  historical  developments  they  form  a  solid 
basis  of  explanation  for  their  being.  Their  policies,  their  activi- 
ties, their  fighting  spirit,  all  are  easily  enough  accounted  for  when 
the  explanation  is  fairly  sought  out.  Without  a  review  of  these 
various  elements,  historical  and  current,  it  is  quite  impossible 
to  understand  trade  unionism.  To  one  whose  mind  is  closed 
to  these  facts,  labor  organizations  must  appear  quite  incompre- 
hensible. But  to  one  who  does  see  clearly  the  lines  of  current 
industrial  life  and  who  does  trace  them  fairly  into  the  past, 
their  existence  must  cease  to  be  cause  for  wonder. 

One  may  or  may  not  approve  their  policies.  That  is  a  ques- 
tion that  comes  later.  One  cannot  fairly  say  that  labor  organi- 
zations have  no  reason  for  existence. 


PART  II 
THE    STRUCTURE 


CHAPTER  V 
THE  KNIGHTS   OF  LABOR 

In  spite  of  changing  conditions  and  the  fleeting  nature  of 
associations  of  laborers,  efforts  persisted  for  a  larger  organiza- 
tion, one  that  would  in  some  way  unite  all  elements  of  labor 
strength  into  a  single  unit  in  the  interests  of  efficiency.  The 
need  was  recognized  more  and  more,  and  past  efforts  furnished 
both  the  warning  and  the  inspiration  to  consummate  the  plan. 
The  years  during  the  Civil  War  and  immediately  following  wit- 
nessed the  formation  of  several  societies  that  were  of  direct 
importance  not  so  much  for  what  they  actually  did  as  for  the 
influence  on  the  movement  that  finally  did  bring  together  into 
one  organization  a  larger  number  of  workmen  engaged  in  a 
greater  variety  of  trades  than  the  country  had  yet  seen. 

Forerunners.  —  One  that  should  be  named  in  this  list  was  the 
Knights  of  St.  Crispin.  This  society  was  formed  among  the 
more  intelligent  shoe  makers  and  had  an  unusual  development. 
It  began  its  career  in  1867  with  the  first  working  lodge  organized 
in  Milwaukee.  Its  spread  was  rapid  in  the  centers  of  the  shoe 
trade  especially  in  Massachusetts.  In  1868  the  first  Grand 
Lodge  meeting  was  held  with  about  600  chapters  chartered. 
"For  five  subsequent  years,"  as  is  stated  in  McNeill's  Labor 
Movement,  "the  Order  of  the  Knights  of  St.  Crispin  was  a 
power  in  the  land.  It  made  and  unmade  politicians;  it  estab- 
lished a  new  journal;  it  started  cooperative  stores;  it  fought, 
often  successfully,  against  threatened  reductions  of  wages  and 
for  better  returns  to  its  members  for  labor  performed;  it  grew 
rapidly  in  numbers,  and  became  international  in  its  scope;  it  is 
estimated  that  400  lodges  and  40,000  members  at  one  time  owed 
it  allegiance;  it  became  the  undoubted  foremost  trade  organiza- 
tion of  the  world."  The  causes  for  its  decline,  as  given  by  its  own 
members,  were  interference  in  politics,  treachery  of  leaders,  high 
salaried  officers.  Speaking  more  in  the  spirit  of  the  times,  the 
writer  just  quoted  says  that  "to  the  dispassionate  observer,  it 

73 


74     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

would  seem  as  if  a  deeper  reason  exists  for  the  failure.  .  .  . 
The  Crispins  failed,  not  because  they  were  a  trade  organization, 
but  because,  while  seeking  justice  for  their  own  members,  they 
failed  to  be  just  to  the  workers  outside  their  fold.  The  excessive 
restrictions  imposed  by  local  lodges  on  their  members  against 
teaching  any  parts  of  boot  or  shoe  making  to  others,  was  as  un- 
tenable a  position  as  the  'iron-clad'  of  the  manufacturers." 

One  other  organization  of  this  period  that  should  receive 
mention  was  the  National  Labor  Union.  This  was  a  delegate 
convention  made  up  of  representatives  of  local,  state  and  na- 
tional trade  associations  the  membership  of  which  at  its  height 
was  reported  to  be  640,000.  Seven  annual  conventions  were 
held  beginning  in  1866.  At  first  the  powers  of  the  national  body 
were  advisory  only  and  its  aim  chiefly  political.  Its  powers  were 
strengthened  somewhat  as  experience  showed  weakness.  The 
convention  was  given  authority  to  charter  new  locals  and  to 
exercise  some  degree  of  control  over  them.  While  the  growth  of 
this  society  was  unusual  it  was  nevertheless  of  a  "mushroom" 
character.  In  187 1  the  complaint  was  made  that  it  was  losing 
ground  and  the  following  year  the  annual  convention  proved 
to  be  a  "funeral,"  the  society  dying  of  what  Professor  Ely  has 
diagnosed  as  "the  fatal  malady,  politics."  The  association  had 
accomplished  during  its  short  life  two  noteworthy  things,  how- 
ever. It  had  given  a  strong  impulse  to  the  eight-hour  movement 
and  contributed  largely  to  the  agitation  for  the  establishment  of 
bureaus  of  labor  statistics. 

Origin  of  Knights  of  Labor.  —  The  movement  that  expressed 
itself  in  these  and  other  forms  at  about  the  same  time  was  to 
manifest  itself  in  a  society  of  larger  proportions,  wider  influence, 
and  greater  degree  of  permanency,  the  Noble  Order  of  the 
Knights  of  Labor.  The  more  important  facts  in  the  history  of 
this  society  may  be  related  very  briefly.  The  tailors  of  Philadel- 
phia had  had  a  strong  organization.  The  cheap  work  by  which 
government  contracts  had  been  filled  for  army  supplies  had 
undermined  the  standards  of  the  trade  and  the  Garment  Cutters 
Union  was  losing  ground.  Among  the  members,  however,  were 
a  few  more  farsighted  who  looked  beyond  the  pending  dissolu- 
tion to  something  better.  When  the  final  vote  had  been  taken 
which  accomplished  the  dissolution  of  the  union,  some  of  these 
men  immediately  took  up  the  plans  that  had  already  been 


THE  KNIGHTS  OF  LABOR  75 

partly  formulated.  The  leader  of  this  group  was  Uriah  S. 
Stevens  who  became  the  founder  of  the  new  society.  In  1869 
the  new  relations  were  assumed  and  in  187 1  the  name,  the  Noble 
Order  of  the  Knights  of  Labor,  was  adopted.  The  membership 
was  at  first  limited  to  tailors.  Soon  others  were  admitted  as 
associate  members  and  after  they  became  familiar  with  the  aims 
were  permitted  to  organize  new  societies  among  their  respective 
trades.  These  were  known  as  assemblies.  With  the  formation 
of  new  ones  the  parent  assembly  became  Assembly  No.  1  and  the 
others  were  numbered  serially.  No.  2  was  organized  among  the 
Philadelphia  ship  carpenters.  No.  3  was  made  up  of  shawl 
weavers.  Then  in  turn  came  carpet  weavers,  riggers,  while  still 
other  trades  followed.  Before  the  end  of  1873  there  had  been 
formed  eighty  assemblies  in  various  trades,  some  in  territory 
outside  of  Philadelphia.  By  the  close  of  1876  there  were  over 
one  hundred  such  local  assemblies. 

When  five  assemblies  had  been  formed  it  began  to  appear 
necessary  to  have  some  authority  uniting  them.  At  first  there 
was  established  a  Committee  on  the  Good  of  the  Order  made 
up  of  three  from  each  local.  Assembly  No.  1  retained  its  prestige 
and  was  practically  the  center  of  influence  and  authority.  By 
1873  this  temporary  committee  gave  way  to  a  delegated  body 
known  as  the  District  Assembly.  With  the  increase  of  local 
assemblies  other  district  assemblies  were  formed  designated 
numerically,  as  were  the  locals.  The  parent  local  of  which 
Stevens  was  the  Master  Workman  together  with  the  other  early 
ones  formed  District  Assembly  No.  1  with  Stevens  at  its  head. 
The  increase  of  district  assemblies  led  to  the  establishment  of  a 
national  union.  In  1878  this  was  consummated  in  a  General 
Assembly  with  delegates  from  seven  states  representing  fifteen 
trades.  Stevens  was  chosen  first  Grand  Master  Workman.  The 
year  following  delegates  assembled  from  thirteen  states.  After 
that  time  conventions  were  held  annually.  Thus  the  new 
society  grew  on  its  organization  side.  Its  membership  increased 
with  unparalleled  rapidity.  No  very  accurate  information 
exists  as  to  the  numbers  for  the  earlier  years.  The  quarterly 
reports  for  the  first  year  show  that  at  the  end  of  the  first  three 
months  twenty-eight  members  were  enrolled ;  the  second  quarter 
showed  forty-three  members;  in  the  third  this  was  increased  to 
fifty-two  and  at  the  end  of  the  year  the  number  stood  at  sixty- 


76     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

nine.  Rumor  seems  to  have  exaggerated  the  numbers.  In  1878 
the  membership  was  reported  to  be  as  high  as  80,000.  This,  in 
the  opinion  of  Carroll  D.  Wright,  was  an  exaggeration.  He 
regarded  the  membership  as  probably  small,  "not  counting  far 
into  the  thousands."  By  1883  the  reports  were  more  reliable  and 
at  this  time  the  membership  stood  at  52,000.  The  next  three 
years  showed  a  phenomenal  growth,  expanding  in  1886  to  over 
700,000.  This  was  the  high  water  mark.  The  authorities 
realized  that  it  would  be  quite  impossible  to  assimilate  new 
members  so  rapidly  and  that  there  was  danger  that  the  ideals 
of  the  society  would  suffer.  The  growth  was  checked  for  a  time 
for  this  reason.  Other  influences  began  to  act  also  with  the 
result  that  the  numbers  began  to  decrease. 

One  special  feature  of  the  Knights  of  Labor  that  characterized 
its  early  years  was  its  close  secrecy.  Its  name  was  not  known  but 
was  designated  by  five  asterisks.  This  caused  it  to  be  spoken  of 
as  the  society  of  the  "Five  Stars."  Considerable  alarm  was 
awakened  by  the  fact  that  the  appearance  of  certain  cabalistic 
signs  appearing  mysteriously  in  a  public  place  would  bring 
together  hundreds  of  workingmen.  The  clergy,  both  Catholic 
and  Protestant,  took  notice  of  the  fact  and  used  their  influence 
in  public  utterance  against  this  unknown  society.  At  the  be- 
ginning the  Knights  had  an  elaborate  ritual  handed  on  by  word 
of  mouth  but  not  reduced  to  writing.  This  ritualistic  form  later 
gave  way  to  general  laws  of  government  which  were  slowly 
expanded  into  a  constitution  and  laws  controlling  the  relations 
of  the  several  parts.  The  public  hostility  was  somewhat  mod- 
ified by  a  partial  removal  of  the  injunction  to  secrecy.  This  was 
done  first  by  making  it  optional  with  each  local  to  decide  whether 
or  not  secrecy  conduced  to  the  best  results  in  its  locality.  Many 
came  out  in  the  open,  and  in  1881  action  was  taken  by  the 
General  Assembly  removing  the  secrecy  from  the  Order  gen- 
erally. With  the  adoption  of  this  new  policy  much  of  the  keener 
opposition  was  removed  and  the  membership  began  to  increase 
rapidly. 

Its  Form.  —  At  the  height  of  its  power  the  Knights  of  Labor 
was  organized  on  the  plan  that  has  just  been  indicated.  The 
local  assemblies  constituted  the  organization.  These  locals 
were  composed  sometimes  of  one  trade  and  sometimes  of  sev- 
eral.   It  was  not,  strictly  speaking,  a  trade  society.    The  earlier 


THE  KNIGHTS  OF  LABOR  77 

locals  were  usually  of  a  single  trade  while  the  ones  formed  later 
were  more  generally  mixed.  There  were  some  instances  of  locals 
composed  entirely  of  women,  though  it  was  not  till  1881  that 
women  were  admitted  to  membership.  The  membership  was 
made  up  generally  of  wage  earners,  however.  Skilled  and  un- 
skilled alike  were  accepted.  In  1886  a  mixed  assembly  in  Chi- 
cago had  a  woman  as  its  "Master  Workman."  Colored  work- 
men were  first  organized  in  assemblies  in  1883  and  for  a  few 
years  this  class  of  membership  increased  rapidly.  A  later 
regulation  declared  that  at  least  three-fourths  of  the  member- 
ship of  new  locals  must  be  of  the  wage  earning  class.  The 
membership,  open  as  it  was,  was  not  without  limitation.  The 
age  limit  was  sixteen  for  unions  already  established  but  for  new 
locals  the  membership  must  be  entirely  of  those  over  eighteen 
years  of  age.  A  further  restriction  appears  in  the  following 
section  of  the  constitution  of  locals.  "No  person  who  either 
sells  or  makes  a  living,  or  any  part  of  it,  by  the  sale  of  intoxi- 
cating drink,  either  as  manufacturer,  dealer  or  agent,  or  through 
any  member  of  the  family,  can  be  admitted  to  membership 
in  this  order,  and  no  lawyer,  banker,  professional  gambler  or 
stock  broker  can  be  admitted."  Prior  to  188 1  physicians 
also  were  excluded. 

The  district  assemblies  were  formed  sometimes  on  the  basis 
of  trade  groups  and  in  other  cases  the  geographical  bond  united 
them.  More  recently  the  districts  have  come  to  be  limited 
by  state  boundaries  and  the  district  assembly  has  become  the 
state  assembly.  The  General  Assembly  is  a  delegate  body  rep- 
resenting the  entire  membership.  Usually  the  locals  are  re- 
lated to  the  general  body  through  the  district  or  state  unit, 
though  this  is  not  always  the  case.  Some  locals  are  independent 
of  the  district  organization  and  are  directly  connected  with 
the  General  Assembly. 

Its  Spirit.  —  With  this  organization  the  Knights  of  Labor 
has  been  able  to  make  itself  felt  in  industrial  life.  First  it  was 
powerful  by  virtue  of  its  secrecy.  With  the  passing  of  this 
phase  the  society  took  up  with  enthusiasm  the  policy  of  the 
strike.  Though  this  was  not  entered  upon  without  opposition 
yet  the  majority  prevailed  and  strikes  were  popular  in  the 
Order.  This  counsel  prevailed  during  the  years  between  1878 
and  1883,  after  which  the  opinion  changed.    The  constitution 


78     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

governing  local  assemblies  was  modified  containing  the  fol- 
lowing clause:  "While  acknowledging  that  it  is  sometimes 
necessary  to  enjoin  an  oppressor,  yet  strikes  should  be  avoided 
whenever  possible.  Strikes,  at  best,  only  afford  temporary 
relief;  and  members  should  be  educated  to  depend  upon  thorough 
organization,  cooperation,  and  political  action,  and,  through 
these,  the  abolishment  of  the  wage  system.  Our  mission  cannot 
be  accomplished  in  a  day  or  a  generation.  Agitation,  education, 
and  organization  are  all  necessary."  In  the  establishment 
of  an  assistance  fund  the  Order  was  particularly  careful  to 
guard  against  the  use  of  this  money  for  strikes.  "We  declare," 
read  this  section  of  the  constitution,  "that  strikes  are  deplor- 
able in  their  effect  and  contrary  to  the  best  interests  of  the 
order,  and  therefore  nothing  in  this  article  must  be  construed 
to  give  sanction  to  such  efforts  for  the  adjustment  of  any  diffi- 
culty, except  in  strict  accordance  with  the  laws  laid  down  in 
this  article."  In  the  sections  that  followed  the  law  was  made 
so  rigid  that  it  was  practically  impossible  for  a  local  to  secure 
any  funds  for  the  conduct  of  a  strike.  Thus  was  brought  to 
an  end  the  possibility  of  a  strike  that  had  behind  it  the  support 
of  the  Order  as  a  whole.  "We  must  teach  our  members," 
declared  the  leader,  Mr.  Powderly,  before  one  of  the  annual 
conventions,  "that  the  remedy  for  the  redress  of  wrongs  we 
complain  of  does  not  lie  in  the  suicidal  strike;  but  it  lies  in 
thorough  effective  organization.  Without  organization  we  can- 
not accomplish  anything;  through  it,  we  hope  to  forever  banish 
that  curse  of  modern  civilization,  —  wage-slavery." 

Probably  no  society  has  ever  looked  out  upon  a  more  brilliant 
future  than  did  the  Noble  Order  of  the  Knights  of  Labor  as 
it  completed  its  organization  with  the  General  Assembly  at 
its  head.  Its  aims  were  noble  and  its  ideals  high.  One  of  its 
founders  in  discussing  the  prospects  for  a  new  society  at  the 
time  of  the  dissolution  of  the  union  of  the  garment  cutters 
said  that  he  had  been  looking  all  his  life  "for  something  that 
will  be  advantageous  to  the  masses;  something  that  will  de- 
velop more  of  charity,  less  of  selfishness;  more  of  generosity, 
less  of  stinginess  and  meanness  than  the  average  society  has 
as  yet  disclosed  to  its  members."  This  is  shown  again  in  the 
words  of  another  of  the  leaders  when  speaking  of  the  fact  that 
the  Order  of  the  Knights  had  grown  out  of  a  failure.    It  was, 


THE  KNIGHTS  OF  LABOR  79 

he  said,  "a  failure  of  the  trade  union  to  grapple,  and  satisfac- 
torily deal  with  the  labor  question  on  its  broad,  far-reaching, 
basic  principle:  the  right  of  all  to  have  a  say  in  the  affairs  of 
one.  It  was  because  the  trade  union  failed  to  recognize  the 
rights  of  man  and  looked  only  to  the  rights  of  tradesmen  that 
the  Knights  of  Labor  became  a  possibility." 

Again  the  exalted  ideals  of  the  founders  may  be  illustrated 
in  the  words  of  Stevens  himself:  "The  few  are  millionaires; 
the  many  struggle  for  bread.  Where,  if  not  here  in  this  Western 
World,  shall  the  patriotism  and  statesmanship  be  found  to 
preserve  the  race  from  destruction?  Neither  the  bayonet,  nor 
bullets  from  gatling  guns  can  save  us.  Justice  to  all  alone 
can  do  it.  .  .  .  Your  presence  here  gives  us  life  and  hope.  .  .  . 
Coming  as  you  do  from  all  over  this  continent,  shows  the  magni- 
tude of  the  awakening.  It  foretells  the  blessing  of  Heaven  upon 
those  who  help  themselves.  It  secures  the  coming  'to  the 
fore'  at  an  early  day  in  industrial,  political  and  social  life  of 
those  principles  and  legal  enactments  that  shall  secure  the 
physical  well-being,  the  mental  development  and  the  moral 
elevation  of  mankind."  These  high  hopes  lived  in  the  hearts 
of  many  who  were  inside  the  Order.  Powderly,  in  closing  his 
history  says:  "The  historian  of  the  future  will  record  that 
the  revolution  inaugurated  by  the  Knights  of  Labor  and  car- 
ried forward  by  the  force  of  thought  and  ideas,  won  more  for 
the  cause  of  human  liberty  than  the  revolutions  which  spilled 
the  blood  of  humanity's  advocates  through  all  the  centuries 
of  time." 

In  Simon's  history  the  account  opens  with  a  most  enthusiastic 
statement  of  the  importance  of  the  Order.  "No  labor  organi- 
zation in  the  world  has  ever  had  the  strength,  as  well  as  the 
solidarity,  of  the  Knights  of  Labor.  It  is  a  new  factor  in  the 
labor  problem,  and  one  whose  consequences  can  hardly  yet 
be  computed.  In  1869  it  had  eleven  members;  it  now  has 
about  1,000,000  in  the  United  States  and  300,000  more  in  Can- 
ada. It  is  not  a  trades-union  nor  an  assemblage  of  trades- 
unions.  It  accepts  the  unskilled  worker  to  as  full  fellowship 
as  the  most  cunning  artisan.  It  is  a  society  for  mutual  defence 
and  united  attack,  which  is  so  well  intrenched  that  every  care- 
ful thinker  must  recognize  it  as  one  of  the  social  forces  of  the 
day.    The  marvelous  rapidity  of  its  growth  is  in  itself  the  best 


80     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

proof  of  its  utility.  The  fact  that  it  lives  and  waxes  strong  is 
prima  facie  evidence  that  it  has  a  right  to  live  and  to  grow. 
At  the  present  time  it  is  the  strongest  weapon  which  civilization 
has  put  in  the  hands  of  labor."  It  is  "an  organization  in  whose 
power  now  rests  perhaps  the  destinies  of  the  republic.  .  .  . 
The  Knights  of  Labor  may  fail,  but  whether  the  organization 
dies  or  lives,  it  has  taught  a  lesson  which  will  never  be  forgotten 
as  long  as  man  shall  earn  his  bread  by  the  sweat  of  his  brow. 
It  has  demonstrated  the  overmastering  power  of  a  national 
combination  among  workingmen.  If  the  Knights  of  Labor 
were  to  dissolve  to-morrow,  on  the  next  day  a  new  society  would 
be  formed  to  push  on  their  work." 

Writing  of  this  society  in  1886  when  it  was  in  the  height  of 
its  strength,  Professor  Ely  describes  it  as  "the  most  powerful 
and  the  most  remarkable  labor  organization  of  modern  times, 
established  on  truly  scientific  principles  which  involved  either 
an  intuitive  perception  of  the  nature  of  industrial  progress,  or 
a  wonderful  acquaintance  with  the  laws  of  economic  society." 

Its  Decline.  —  The  decline  in  the  influence  of  this  society 
was  no  less  striking  than  its  rise.  Within  but  a  few  years  more 
than  it  had  taken  in  building  up  its  wide  influence  this  had 
been  lost,  its  membership  declined,  and  though  it  still  maintains 
its  existence,  it  does  so,  to  state  it  in  the  words  of  Professor 
Commons,  as  "a  bushwhacking  annoyance  on  the  heels  of 
its  successor." 

It  should  not  be  understood  that  the  Knights  of  Labor  did 
nothing  but  spring  into  prominence  and  out  again.  It  had, 
in  fact,  an  active  life  full  of  importance  to  its  members.  The 
truth  of  Professor  Ely's  statement  is  not  to  be  doubted.  In 
1886  the  organization  not  only  had  brilliant  prospects  but  was 
adapted  to  its  day  remarkably  well.  It  was  a  changing  era, 
however,  and  the  Knights  came  at  the  close  of  a  period  rather 
than  at  the  beginning.  It  is  not  because  the  Noble  Order  of 
the  Knights  of  Labor  did  nothing  but  exist  for  a  brief  period 
that  it  receives  only  a  passing  notice  here.  It  belongs  essentially 
to  the  past  now  and  this  is  not  primarily  a  history. 

One  of  the  elements  of  weakness  in  the  Knights  was  its  dual 
organization  in  a  trade.  During  the  last  quarter  of  the  nine- 
teenth century  the  trade  assemblies  were  forming  on  national 
lines.    The  Knights  recognized  these  as  important  and  sought 


THE  KNIGHTS  OF  LABOR  8 1 

to  incorporate  them.  In  1887  there  were  in  the  Order  as  many 
as  twenty-two  national  trade  assemblies.  These  existed  side 
by  side  with  the  labor  assemblies  making  a  dual  organization. 
This  proved  undoubtedly  to  be  an  element  of  weakness.  From 
1886,  the  year  that  registered  the  largest  membership  among 
the  Knights,  the  decline  in  numbers  and  influence  was  steady. 
The  causes  for  this  have  been  stated  in  various  forms  and  as  of 
differing  importance.  They  may  be  summed  up  as  four  in 
number.  (1)  The  failure  of  expensive  sympathetic  strikes  in 
which  the  Order  became  involved  in  spite  of  its  professed  dis- 
approval of  such  acts  in  its  later  years.  (2)  Activity  in  political 
affairs.  This  was  of  course  the  result  of  experience  and  there 
was  an  abundance  of  precedent  in  favor  of  political  action. 
It  did  not  bring  strength  to  the  Order,  however.  (3)  The  pres- 
ence of  the  two  distinct  forms  of  organization  mentioned  above, 
the  mixed  labor  assembly  and  the  national  trade  assembly. 
These  proved  to  be  factors  that  undermined  rather  than  built 
up  the  strength  of  the  Order.  (4)  The  over-centralization  of 
power  in  the  hands  of  the  general  officers.  The  promoters  of 
the  first  assembly  guarded  very  jealously  their  leadership. 
They  were  the  source  of  authority.  This  relation  generated 
restlessness  and  suspicion  in  the  place  of  strength. 


CHAPTER  VI 
THE  AMERICAN  FEDERATION   OF  LABOR 

Though  the  Knights  of  Labor  had  such  conspicuous  success,  it 
must  not  be  understood  that  it  was  the  only  such  organization  in 
the  field.  The  period  was  one  which  saw  many  attempts  to 
form  larger  consolidations  among  the  laboring  classes.  As  pre- 
viously stated  some  of  the  national  trade  unions  had  already  been 
established  and  were  well  on  their  way  to  permanency.  Besides 
these  there  were  numerous  other  associations  formed  especially 
after  the  recovery  from  the  panic  of  '73.  These  societies  were 
quite  generally  secret.  Their  objects  were  political  after  the 
example  of  their  predecessors.  All  were  transient,  giving  way  to 
jealousy,  imperfect  organization  and  too  great  zeal  in  political 
activity.  Among  these  are  to  be  noted  two  that  became  of 
particular  importance  because  of  later  developments. 

Origin  of  American  Federation.  —  The  Knights  of  Industry 
and  the  Amalgamated  Labor  Union,  the  latter  an  offshoot  of  the 
Knights  of  Labor,  united  in  issuing  a  call  for  a  convention  to 
meet  at  Terre  Haute,  Indiana,  in  August,  1881.  Its  object  is 
supposed  to  have  been  to  supplant  the  Knights  of  Labor.  It 
soon  developed  that  a  majority  of  the  delegates  were  opposed  to 
a  further  extension  of  the  labor  societies  and  favored  the  exten- 
sion of  trade  unions.  As  a  result  of  this  difference  the  secret 
organization  was  not  formed.  Another  call  was  issued  for  a 
second  meeting  to  be  held  in  the  fall  of  the  same  year.  This 
call  showed  a  realization  of  the  dangers  of  so  many  organizations. 
As  it  declared:  "We  have  numberless  trades'  unions,  trades' 
assemblies  or  councils,  Knights  of  Labor,  and  various  other 
local,  national,  and  international  labor  unions,  all  engaged  in 
the  noble  task  of  elevating  and  improving  the  condition  of  the 
working  classes.  But  great  as  has  been  the  work  done  by  these 
bodies,  there  is  vastly  more  that  can  be  done  by  a  combination 
of  all  these  organizations  in  a  federation  of  trades'  and  labor 
unions."    The  result  was  a  convention  of  about  one  hundred 

82 


THE  AMERICAN  FEDERATION  OF  LABOR  83 

delegates  representing  more  than  250,000  workingmen.  At  this 
meeting  a  permanent  organization  was  effected,  to  be  known  as 
the  Federation  of  Organized  Trades  and  Labor  Unions  of  the 
United  States  and  Canada.  This  new  society  had  a  constitution 
and  held  annual  meetings  until  1886.  In  that  year  it  was  re- 
organized under  a  new  constitution,  the  name  being  changed  to 
the  American  Federation  of  Labor.  In  order  to  preserve  the 
continuity  in  the  organization  this  last  Federation,  in  1889, 
dated  its  origin  and  numbered  its  conventions  from  the  begin- 
ning made  in  1881. 

The  American  Federation  of  Labor  is  at  the  present  time  the 
strongest  organization  in  America  and  ranks  high  among  the 
labor  organizations  of  the  world:  "the  sovereign  organization," 
writes  John  Mitchell,  "in  the  trade  union  world."  Its  history 
since  its  inception  is  one  of  steady  growth,  of  consistent  policy 
and  aggressive  management.  The  results  appear  in  a  powerful 
organization  with  all  the  force  of  a  highly  centralized  body  and 
all  the  power  of  a  thoroughly  democratic  society.  Its  success 
may  be  attributed  to  a  few  important  points  of  policy  by  which 
it  has  welded  together  the  conflicting  interests  of  many  trades 
and  held  them  with  all  the  strength  of  a  single  purpose.  It  has 
avoided  the  shoals  of  politics  which  have  wrecked  so  many  strong 
associations  in  the  past.  It  has  consistently  left  to  separate 
trades  the  direct  control  over  the  differing  trade  interests,  thus 
avoiding  the  dangers  of  internal  strife.  The  weakness  arising 
from  too  many  diverse  interests  in  conflict  has  given  way  to 
the  strength  of  united  action  where  it  is  possible  and  to  non- 
interference in  trade  interests  where  it  is  necessary.  On  these 
few  simple  principles  the  American  Federation  of  Labor  has 
builded  well. 

Its  Form  of  Organization.  —  The  Federation  membership  is 
made  up  principally  not  of  individuals  but  of  trade  groups.  It 
consists  "of  such  Trade  and  Labor  Unions  as  shall  conform  to  its 
rules  and  regulations."  The  constitution  sets  forth  in  brief  the 
object  and  form  of  organization.  These  may  be  described  as 
follows,  quoting  freely  from  the  pages  of  that  document.  They 
are:  to  secure  the  organization  of  local  unions;  to  federate  these 
locals  into  delegate  bodies;  to  establish  national  and  interna- 
tional trade  unions  and  to  promote  the  interests  of  such  unions 
already  formed  —  these  unions  based  upon  a  strict  recognition 


84     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  the  autonomy  of  each  trade;  to  subdivide  these  unions  into 
groups,  called  Departments,  to  be  composed  of  unions  in  the 
same  industry  or  having  the  same  general  interests. 

The  Convention.  —  With  this  form  of  organization  it  is  in- 
evitable that  the  real  factors  are  the  convention  and  the  execu- 
tive officers,  and  of  these  the  former  is  the  source  of  authority. 
The  convention  is  a  delegated  body  that  assembles  annually. 
The  date  of  meeting,  now  fixed  for  the  second  Monday  in  Novem- 
ber, has  been  chosen  as  best  in  that  it  comes  after  the  excitement 
of  election  time,  and  just  prior  to  the  convening  of  legislative 
bodies,  especially  Congress  with  the  President's  Message.  In 
this  way,  the  leaders  think,  they  can  best  get  the  public  ear 
through  the  press  reports  of  their  proceedings  and  can  most 
effectively  bring  their  policies  to  the  attention  of  the  legislators. 
Even  the  President  is  thus  provided  with  the  latest  word  from 
Organized  Labor  and  may  shape  his  Message  accordingly. 

Representation.  —  The  representation  of  the  various  unions 
in  the  convention  is  on  the  basis  of  membership.  Nationals  and 
internationals  send  one  delegate  for  a  membership  of  less  than 
4,000.  Above  this  there  is  a  proportionate  increase  of  dele- 
gates: 4,000  or  more,  two  delegates;  8,000  or  more,  three  dele- 
gates; 16,000  or  more,  four  delegates;  32,000  or  more,  five 
delegates;  "and  so  on."  Other  bodies,  not  nationals,  have  one 
delegate  each.  The  representation  is  allowed  only  if  all  dues  are 
paid  and  all  other  obligations  to  the  Federation  properly  dis- 
charged. In  the  convention  of  19 14  there  were  369  delegates 
with  19,951  votes.    These  were  made  up  as  follows  — 

No.  of  Unions  Name  No.  of  Delegates        No.  of  Votes 

95 Nationals  or  Internationals 248 19,825 

22 State 22 22 

75 Central 75 75 

17 Trade  and  Federal  Labor  Unions.  ...        17 28 

5 Fraternal  Organizations 7 1 


214  369  19,951 

Immediately  on  being  called  to  order  the  President  appoints 
the  list  of  committees.  The  scope  of  the  convention's  work  will 
be  indicated  by  the  names  of  the  several  committees.  Each  has 
a  membership  of  fifteen.    Rules  and  Order  of  Business,  Report 


THE  AMERICAN  FEDERATION  OF  LABOR  85 

of  President,  Report  of  Secretary,  Report  of  Treasurer,  Resolu- 
tions, Laws,  Organization,  Labels,  Adjustment,  Local  or  Fed- 
erated Bodies,  Education,  State  Organization,  Boycott,  Building 
Trades. 

Among  the  rules  governing  the  proceedings  of  the  convention 
some  are  of  special  interest.  Resolutions  of  any  character  or 
proposals  for  changes  in  the  constitution  cannot  be  introduced  in 
the  convention  after  the  fourth  day,  except  by  unanimous  con- 
sent. All  resolutions  are  referred  for  special  consideration  to  the 
appropriate  committee.  A  rule  of  procedure  that  might  well  be 
extended  to  lawmaking  bodies  is  one  requiring  all  matters 
referred  to  any  committee  to  be  reported  back  to  the  body.  The 
report  may  be  of  any  nature  that  the  committee  may  decide 
upon,  —  favorable,  unfavorable,  non-committal,  ambiguous,  — 
but  there  must  be  a  report.  This  prevents  the  killing  of  meas- 
ures in  committee  and  insures  a  fair  and  open  consideration  in 
true  democratic  style.  The  convention  protects  itself  from  its 
friends  as  well  as  from  its  enemies  by  a  rule  that  none  other  than 
members  of  a  bona  fide  trade  union  shall  be  permitted  to  address 
the  convention  or  read  papers  therein  except  by  a  two-thirds 
vote  of  the  delegates.  Party  politics,  whether  they  be  Dem- 
ocratic, Republican,  Socialist,  Populist,  Prohibition  or  any 
other,  shall  have  no  place  in  the  convention.  To  prevent  the 
repetition  of  discussions  already  settled  a  rule  provides  that  no 
grievance  shall  be  considered  by  any  convention  that  has  been 
decided  by  a  previous  convention  except  upon  the  recommenda- 
tion of  the  Executive  Council.  Grievances  leave  sore  spots  and 
these  often  do  not  heal  within  a  year.  The  grieved  party  is  thus 
prevented  from  seeking  to  establish  his  case  after  he  has  once 
lost. 

Officers.  —  The  officers  of  the  Federation  are  President,  eight 
Vice  Presidents,  a  Secretary  and  a  Treasurer,  each  elected  at  the 
last  day  of  the  convention.  The  term  of  office  begins  on  the  first 
day  of  January.  If  the  elected  officers  are  not  chosen  delegates 
to  the  convention  the  President  and  Secretary  are  ex  officio 
members  but  without  vote.  All  elected  officers  must  be  mem- 
bers of  a  union  connected  with  the  Federation.  The  duties  of 
these  officers  are  in  general  such  as  belong  to  the  respective 
offices.  The  President  presides  at  conventions,  exercises  super- 
vision over  the  Federation  and  travels  in  its  interests.    He  must 


86     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

file  with  the  Secretary  each  month  an  itemized  statement  of  his 
expenses  and  must  make  a  full  report  at  the  annual  convention. 
The  President's  report  is  one  of  the  most  important  items  of  the 
convention  business.  It  sums  up  the  work  of  the  year  in  a  com- 
plete way,  amounting  to  a  current  history  for  the  twelve  months 
touching  all  the  activities  of  the  Federation  in  particular  and  the 
labor  movement  in  general.  It  further  aims  to  point  out  as  the 
lesson  of  experience  means  of  strengthening  the  organization 
and  discusses  in  a  practical  way  the  policies  of  the  society. 

In  case  of  vacancy  in  the  presidency  the  Secretary  takes  execu- 
tive charge.  A  meeting  of  the  Executive  Council  must  then  be 
called  within  six  days  for  the  election  of  a  President  for  the  re- 
mainder of  the  year.  The  Secretary  has  large  responsibilities. 
With  him  lies  the  keeping  of  all  books,  records,  documents, 
letters  and  accounts.  He  collects  all  moneys  due  the  Federa- 
tion, turning  them  over  to  the  Treasurer,  except  a  maximum  sum 
of  $2,000  for  current  expenses.  This  he  may  use  only  on  ap- 
proval of  the  President.  All  disbursements  of  the  Federation 
must  be  shown  by  vouchers  and  a  report  that  is  carefully  au- 
dited. With  him  are  filed  all  reports  and  information  called  for 
from  the  unions  affiliated  with  the  Federation. 

The  office  of  Treasurer  is  relatively  unimportant  so  far  as 
the  financial  work  is  concerned.  He  receives  funds  from  the 
Secretary,  giving  receipts  for  them  and  all  orders  for  payment 
must  be  signed  by  the  President  and  Secretary  as  well  as  by  the 
Treasurer. 

Executive  Council.  —  The  responsible  administrative  work 
rests  with  the  Executive  Council.  This  is  composed  of  the  Fed- 
eration officers,  eleven  in  number.  This  gives  added  importance 
to  the  Treasurer's  office  and  provides  work  for  the  eight  Vice 
Presidents.  The  constitution  assigns  to  these  no  other  work 
than  that  which  is  connected  with  the  Council.  Being  made  up 
of  officers  only,  it  very  naturally  takes  to  itself  important  pow- 
ers. It  is  responsible  virtually  for  carrying  into  effect  the  pur- 
poses of  the  Federation.  It  watches  legislative  measures  that 
affect  the  interests  of  working  people  and  initiates  such  legisla- 
tion as  the  convention  may  direct.  The  work  of  organizing 
laborers  into  locals  and  nationals  and  of  associating  them  with 
the  Federation  is  carried  on  under  the  general  direction  of  the 
Council. 


THE  AMERICAN  FEDERATION  OF  LABOR  87 

The  Council  is  authorized  to  send  out  speakers  in  the  interest 
of  the  Federation  whenever  the  revenues  warrant  such  action. 
In  a  general  supervisory  capacity  the  Council  has  power  to  make 
rules  to  govern  matters  not  in  conflict  with  the  constitution  or 
with  the  constitutions  of  affiliated  unions.  Any  rules  so  made 
must  be  embodied  in  the  annual  report  to  the  convention. 
Vacancies  in  the  Council  (except  in  the  Presidency)  are  filled  by 
the  Council  itself  by  a  majority  vote. 

Granting  Charters.  —  In  granting  charters  to  unions  that  are 
to  be  affiliated  with  the  Federation  the  Council  must  make 
sure  of  a  positive  and  clear  definition  of  the  trade  jurisdiction 
claimed  by  the  applicant.  If  they  regard  it  as  a  trespass  upon 
any  organization  already  in  the  Federation  the  charter  cannot 
be  granted  without  the  written  consent  of  that  union.  Other 
matters  of  a  jurisdictional  nature,  such  as  changing  a  name  of  a 
union  and  the  adjustment  of  membership  with  change  of  trade, 
are  also  under  the  direction  of  the  Council  subject  to  the  ap- 
proval of  the  Convention.  The  Council  may  revoke  a  charter 
once  granted  only  when  the  revocation  has  been  ordered  by  a 
two-thirds  majority  of  a  regular  convention  by  a  roll  call  vote. 
The  Federation  does  not  wait  for  unions  to  be  formed  and  apply 
for  membership.  It  is  more  aggressive  than  that.  Paid  or- 
ganizers and  advisors  in  addition  to  the  officers  are  always  at 
work.  Wherever  there  is  an  opportunity  of  bringing  men  into 
an  association  or  affiliating  societies  already  existing,  there  the 
representatives  of  the  Federation  are  at  work.  A  recent  case 
illustrates  this.  Until  recently  there  has  been  trouble  among 
steam  shovel  and  dredge  men.  There  were  rival  organizations 
fighting  each  other.  After  more  than  three  years  of  effort 
these  rivals  were  brought  together  on  the  basis  of  an  amalgama- 
tion by  the  officers  of  the  Federation.  They  have  all  come  to- 
gether as  the  International  Brotherhood  of  Steam  Shovel  and 
Dredge  Men,  a  national  that  has  recently  been  chartered  by 
the  American  Federation  of  Labor. 

Activity  of  Officers. — The  records  of  the  Federation  show 
that  a  large  part  of  the  activity  of  some  of  the  officials  consists  in 
forming  new  associations  and  bringing  them  into  the  Federation. 
The  annual  report  for  1914  contains  a  list  of  seventy-five  national 
and  international  organizations  formed  from  American  Federa- 
tion of  Labor  local  unions  alone  in  the  last  nineteen  years.    Some 


88      AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  these  have  not  survived  in  the  struggle  so  that  the  list  cannot 
be  understood  as  representing  a  net  gain.  In  addition  to  this 
form  of  organization,  which  may  be  regarded  as  the  final  stage 
in  the  development,  many  charters  are  granted  to  local  trade 
and  labor  unions,  and  to  state  and  city  central  organizations. 
The  total  of  these  various  charters  for  the  eighteen  years  from 
1897  to  1914,  inclusive,  was:  internationals,  118;  departments, 
5;  state  federations,  43;  city  centrals,  1,294;  local  trade  unions, 
4,689;  federal  labor  unions,  2,139; — a  tota^  °f  8>288  charters  in 
all.  ' 

Another  phase  of  activity  appears  in  the  following  incident  in 
connection  with  the  clothing  trades.  The  Journeymen  Tailors 
Union  of  America,  one  of  the  oldest  of  the  trade  unions,  has  been 
for  a  long  time  affiliated  with  the  American  Federation  of  Labor. 
The  constitution  of  the  Federation  contains  a  clause  requiring 
that  before  any  affiliated  organization  can  either  change  its 
title  or  extend  its  jurisdiction,  it  must  receive  the  approval  of 
the  Federation.  Before  granting  such  approval,  it  would  of 
course  be  the  duty  of  the  Federation's  officials  to  see  that  the 
extension  of  jurisdiction  or  change  of  name  did  not  conflict 
with  the  interests  of  existing  unions.  The  Journeymen  Tailors 
Union  recently  changed  its  name  to  the  Tailors  Industrial  Union 
and  assumed  general  jurisdiction  over  the  garment  making  in- 
dustry. This  brought  the  newly  named  union,  with  its  member- 
ship of  12,000,  into  conflict  of  jurisdiction  with  the  United  Gar- 
ment Workers  of  America,  with  a  membership  of  60,000,  and 
the  International  Ladies'  Garment  Workers  Union,  having 
130,000  members.  This  action  on  the  part  of  the  journeymen 
tailors  was  reported  to  the  convention  of  the  Federation  in  19 14 
as  "not  only  unwarrantable  and  against  the  laws  and  practices  of 
the  American  Federation  of  Labor,  but  against  the  interests 
of  the  entire  tailoring  or  garment  working  industry."  The  action 
of  the  convention  followed  the  recommendation  of  the  Execu- 
tive Council  and  "firmly  and  strongly  rebuked  the  Journeymen 
Tailors  Union  for  its  unwarranted  action  and  unjustifiable 
assumption  of  extension  of  jurisdiction."  The  tailors  were  in- 
structed to  resume  the  former  title  and  cease  to  operate  under 
an  extended  jurisdiction  before  a  fixed  date.  The  situation  was 
complicated  in  this  particular  case  by  the  fact  that  some  locals 
of  the  United  Garment  Workers  had  seceded  and  had  claimed  to 


THE  AMERICAN  FEDERATION  OF  LABOR  89 

be  the  real  organization.  These  seceders  joined  with  the  journey- 
men tailors  in  forming  the  new  union  and  claiming  the  extended 
jurisdiction.  They  assumed  the  label  of  the  United  Garment 
Workers  and  claimed  the  right  to  authorize  its  use  by  the  new 
Tailors  Industrial  Union.  In  response  to  this  the  Federation, 
through  the  Union  Label  Department,  sent  out  notice  that  the 
label  no  longer  represented  the  American  trade  union  movement. 
The  outcome  of  this  pressure  brought  to  bear  by  the  American 
Federation  was  to  bring  the  unruly  members  back  into  line. 
The  tailors  have  resumed  their  former  name  and  returned  to 
their  earlier  jurisdiction.  It  seems  that  if  it  had  not  been  for 
the  strong  coercive  force  of  the  Federation  brought  to  bear 
to  prevent  it,  there  would  have  been  a  serious  fight  before  the 
matter  was  finally  adjusted. 

That  there  was  need  for  some  change  was  recognized  in  the 
report  that  was  made  to  the  convention.  It  was  insisted,  how- 
ever, that  changes  in  the  trade  looking  toward  a  closer  alliance 
or  amalgamation  should  be  brought  about  through  mutual 
agreement  among  all  the  trades  directly  concerned  and  not  by 
the  extension  of  one  union  arbitrarily  to  include  all  the  others. 

While  the  deliberate  departure  from  the  established  rules  of 
the  organization  could  not  be  overlooked  by  the  officers  of  the 
Federation,  this  drastic  action  is  probably  the  beginning  rather 
than  the  end  of  the  matter.  Trouble  has  been  brewing  in  the 
clothing  trades  as  a  result  of  the  confusion  of  relations  between 
unions.  It  is  no  longer  a  simple  matter  to  distinguish  between 
custom  made  and  ready  made  garments.  The  extension  of 
women's  ready-to-wear  garments  has  promoted  the  confusion. 
There  are  now  in  addition  to  the  Journeymen  Tailors,  the  United 
Garment  Workers  of  America  (workers  on  men's  clothing)  and 
the  International  Ladies'  Garment  Workers  Union  (workers  on 
women's  clothing)  while  the  last  named  has  six  subdivisions 
each  operating  more  or  less  independently  of  the  others.  These 
are  (1)  cloak,  suit  and  skirt  workers;  (2)  women's  tailor  made 
garment  workers;  (3)  dress  and  waist  makers;  (4)  misses  and 
children's  wear  makers;  (5)  wrapper  and  kimono  makers;  and 
(6)  white  goods  or  underwear  makers.  Overlapping  among  these 
is  the  United  Hebrew  Trades.  This  is  a  situation  that  will 
have  to  be  cleared  up  in  a  constructive  way  before  a  perma- 
nent adjustment  can  be  made. 


90     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

It  will  readily  appear  that  the  Executive  Council  is  the  body 
of  real  importance,  made  up  of  eleven  men  practically  always  in 
session  having  large  powers  of  direction  and  control  and  respon- 
sible only  to  the  convention  at  its  annual  meetings.  They  are 
generally  members  of  this  convention  and  by  virtue  of  their 
office  would  carry  considerable  weight  of  influence  in  case  the 
Council  is  called  upon  to  defend  its  course. 

Revenues.  —  The  revenues  of  the  Federation  are  provided  for 
by  constitutional  regulation.  They  are  derived  from  a  per  capita 
tax  upon  the  full  paid  up  membership  of  all  affiliated  bodies  as 
follows:  national  and  international  trade  unions,  a  per  capita 
tax  of  two-thirds  of  one  cent  per  member  per  month;  for  local 
trade  unions  and  federal  labor  unions,  ten  cents  per  member  per 
month,  five  cents  of  which  must  be  set  aside  to  be  used  only  in 
case  of  strike  or  lockout;  local  unions  the  majority  of  whose 
members  are  less  than  eighteen  years  of  age,  two  cents  per  mem- 
ber per  month;  from  central  and  state  bodies,  ten  dollars  per 
year  payable  quarterly.  The  prompt  payment  is  assured  by 
the  rule  that  delegates  shall  not  be  entitled  to  a  seat  in  the  annual 
convention  if  dues  are  in  arrears.  If  dues  at  any  time  are  three 
months  or  more  in  arrears  the  union  is  automatically  suspended 
from  membership  in  the  Federation  and  can  be  reinstated  only 
by  a  vote  of  the  convention  after  the  arrears  have  been  paid  in 
full. 

Regulating  the  Parts.  —  Means  are  adopted  to  avoid  confu- 
sion in  organization  and  to  keep  the  Federation's  interests  intact. 
Central  labor  unions  may  not  admit  to  their  councils  delegates 
from  organizations  that  owe  allegiance  to  any  body  hostile  to 
any  affiliated  organization,  to  one  that  has  been  suspended  or 
expelled,  or  to  one  that  is  not  connected  with  any  affiliated  union. 
All  nationals  must  instruct  their  locals  to  join  central  labor 
bodies,  departments  and  state  federations  in  their  vicinity  where 
such  exist.  Similarly,  trades  assemblies  may  be  formed  and  if 
they  exist  all  affiliated  bodies  must  join.  All  such  bodies,  central 
labor  unions,  trades  assemblies  or  departments,  may  act  only 
within  the  limits  of  the  rights  of  the  Federation  or  the  national 
unions.  The  laws  of  the  two  latter  must  not  be  violated  by  any 
regulations  of  the  former  named  bodies. 

To  maintain  this  adjustment  is  clearly  in  the  interests  of 
peace  though  in  fact  a  goodly  amount  of  fighting  is  necessary 


THE  AMERICAN  FEDERATION  OF  LABOR  91 

to  maintain  it.  It  is  a  kind  of  fighting,  however,  that  tends  to 
unify  the  Federation  in  that  it  is  directed  against  those  who  are 
urging  plans  that  would  beyond  doubt  greatly  weaken  the 
Federation  as  an  organization.  It  closes  the  door  against  a 
large  amount  of  internal  strife. 

To  push  the  policy  of  organization  further  the  Federation  has 
a  membership  of  locals  directly  with  itself  instead  of  indirectly 
with  a  national  trade  union.  When  its  organizers  are  entering  a 
new  field  it  becomes  necessary  to  organize  locals  of  a  new  trade, 
possibly,  or  to  bring  together  members  of  a  variety  of  trades  in  a 
single  local.  The  work  in  this  line  is  indicated  by  the  constitu- 
tional provision  as  follows:  Seven  wage  workers  of  good  char- 
acter, following  any  trade  or  calling,  who  are  favorable  to  trade 
unions,  whose  trade  or  calling  is  not  organized,  and  who  are  not 
members  of  any  body  affiliated  with  this  Federation,  shall  have 
the  power  to  form  a  local  body  to  be  known  as  a  "Federal  Labor 
Union,"  and  they  shall  hold  regular  meetings  for  the  purpose  of 
strengthening  and  advancing  the  trade-union  movement,  and 
shall  have  power  to  make  their  own  rules  in  conformity  with  the 
constitution  of  the  Federation  and  shall  be  granted  a  local 
certificate  by  the  President  of  the  Federation;  provided  the  re- 
quest for  a  certificate  be  indorsed  by  the  nearest  local  or  national 
trade  union  officially  connected  with  the  Federation,  but  not 
more  than  three  federal  labor  unions  shall  be  chartered  in  any  one 
city.  The  President  of  the  Federation  has  authority  to  appoint 
any  member  of  any  affiliated  union  to  audit  the  accounts  of  any 
federal  labor  or  local  trade  union  and  report  the  result  to  the 
President  of  the  Federation.  The  books  and  accounts  of  such 
locals  are  open  at  all  times  to  the  inspection  of  persons  so  ap- 
pointed. The  fee  for  this  certificate  is  five  dollars  which  must 
accompany  the  application.  The  Federation  before  issuing 
certificates  must  refer  applications  from  a  vicinity  where  a 
chartered  central  labor  union  exists  to  that  body  for  investiga- 
tion and  approval.  These  certificates  of  affiliation  may  not  be 
granted  by  state  federations  of  labor.  It  is  vested  solely  in  the 
Executive  Council  of  the  American  Federation  of  Labor  and  the 
executive  councils  of  affiliated  national  and  international  unions. 

Departments.  —  One  other  phase  of  organization  remains  for 
emphasis,  one  that  adds  much  to  the  strength  of  the  Federation. 
Within  the  larger  organization  are  formed  subdivisions,  called 


92     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

departments  of  the  American  Federation  of  Labor,  and  are  sub- 
ordinate to  the  larger  body.  They  may  be  established  whenever 
the  convention  or  the  Executive  Council  may  deem  it  advisable. 
Each  department,  once  formed,  manages  and  finances  its  own 
affairs.  It  is  made  up  only  of  affiliated  unions.  Its  laws  must 
conform  to  and  be  administered  in  the  same  manner  as  the  laws 
of  the  Federation,  and  through  it  are  to  be  transacted  such  por- 
tions of  the  Federation's  business  as  pertain  especially  to  it. 
The  departments  hold  their  conventions  either  during  or  imme- 
diately before  or  after  the  convention  of  the  Federation  and  in 
the  same  city.  Its  officers  report  all  the  activities  of  the  depart- 
ment to  the  Executive  Council  in  quarterly  and  annual  reports, 
and  either  the  president  or  secretary  of  each  department  must 
be  present  during  some  portion  of  every  regular  meeting  of  the 
Executive  Council  to  take  up  matters  of  mutual  interest.  All 
affiliated  nationals  must  become  affiliated  with  any  department 
in  which  they  may  be  eligible,  except  the  Union  Label  Trades 
Department. 

Under  these  provisions  five  departments  have  been  organized 
and  maintain  an  active  existence.  They  are  the  Building  Trades 
Department,  Metal  Trades  Department,  Mining  Department, 
Railroad  Employees  Department  and  the  Union  Label  Trades 
Department.  Each  has  its  separate  set  of  officers  and  executive 
council. 

Its  Character.  —  The  American  Federation  of  Labor  is  in 
reality  a  federation.  Local  trade  unions  generally  are  allied 
with  the  organization  indirectly  through  their  respective  na- 
tionals. Of  these  nationals  there  are  (report  of  November,  1914) 
no  now  affiliated.  This  number  contains  the  majority  of  the 
larger  unions.  Of  the  57  that  have  each  a  membership  of  10,000 
or  more  40  are  affiliated,  and  of  the  100  that  have  a  less  member- 
ship 70  are  enrolled  in  the  Federation.  These  no  unions  repre- 
sent approximately  22,000  locals  most  of  which  are  in  the  United 
States. 

In  addition  to  these  no  national  unions  and  the  five  de- 
partments, the  Federation  is  made  up  of  43  state  branches, 
each  with  a  separate  organization  and  character  determined  by 
the  conditions  in  its  own  state;  of  647  city  centrals,  delegate 
bodies  with  headquarters  or  places  of  meeting  in  the  principal 
cities  of  the  country;  of  570  local  trade  and  federal  labor  unions, 


THE  AMERICAN  FEDERATION  OF  LABOR  93 

all  connected  with  the  Federation  in  a  manner  already  de- 
scribed. 

State  Organizations.  —  Of  the  state  organizations  a  further 
word  may  be  said  that  will  throw  some  light  upon  their  nature. 
The  experience  in  New  York  State  may  be  chosen  as  illustrative 
of  the  development  in  the  older  states.  The  Workingmen's 
Assembly  was  organized  in  New  York  State  in  1865  as  the  result 
of  the  combined  action  of  some  of  the  labor  unions  in  the  pre- 
ceding year.  The  events  leading  up  to  it  were  in  brief  as  follows: 
A  bill  had  been  introduced  in  the  state  legislature  in  1864  known 
as  the  Hastings  Strike  Bill.  During  the  debate  some  amend- 
ments were  added  that  so  changed  the  nature  of  the  bill  that  the 
originator  withdrew  his  support  and  it  became  known  as  the 
Folger  Anti-Trades  Union  Strike  Bill.  A  strong  opposition 
developed  within  the  ranks  of  organized  labor  and  the  bill  was 
finally  defeated.  The  unions  took  to  themselves  the  credit  for 
defeating  the  bill.  There  followed  a  clear  realization  of  the 
necessity  for  a  more  definite  organization  in  order  to  secure  pro- 
tection "in  relation  to  legislation  as  well  as  the  question  of  wages 
and  hours  of  labor."  "From  that  victory  in  1864,"  states  one 
of  the  leaders,  "the  seeds  of  a  great  and  grand  organization 
were  sown:"  the  Workingmen's  Assembly  came  into  existence. 
The  defensive  was  soon  laid  aside  and  an  aggressive  and  earnest 
agitation  begun.  Soon  a  high  degree  of  complexity  characterized 
this  organization.  It  continued  its  separate  existence  until 
1898.  In  the  meantime  other  organizations  came  into  being. 
In  1869  a  district  assembly  of  the  Knights  of  Labor  was  formed. 
In  1888  the  American  Federation  of  Labor  started  its  own  state 
branch.  These  latter  associations  were  formed  in  the  state  as 
a  part  of  the  regular  spread  of  these  two  rival  organizations,  and 
for  a  time  the  three  existed  side  by  side.  The  rivalry  was  keen 
and  so  cooperation  seemed  impossible.  In  agitating  for  legisla- 
tion in  their  interests  the  rival  committees  so  confused  the  leg- 
islators that  many  measures  which  might  have  been  won  were 
lost  because  of  the  number  of  committees  each  claiming  to  rep- 
resent the  one  authoritative  body.  This  experience  continued 
for  several  years  after  the  necessity  for  unity  had  become  appar- 
ent to  some  in  the  rival  groups.  During  this  time  efforts  were 
being  made  to  secure  some  grounds  on  which  a  single  organiza- 
tion could  be  formed.    The  acute  rivalry  between  the  two  large 


94     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

national  organizations  made  it  difficult  for  them  to  come  to- 
gether. The  feeling  on  the  part  of  the  Workingmen's  Assembly 
that  it  was  first  in  the  field  and  that  its  legitimate  territory  had 
been  invaded  by  outside  organizations  made  it  difficult  for  it  to 
surrender  any  of  its  prerogatives  as  a  representative  of  the  labor 
interests  of  the  state.  The  growing  strength  of  the  Federation 
in  all  parts  of  the  country  made  it  a  power  that  must  be  reckoned 
with,  and  so  after  years  of  deliberation  and  repeated  experiences 
in  the  wastefulness  of  rivalry  the  two  were  united  into  the 
Workingmen's  Federation  of  the  State  of  New  York  in  1898. 
Under  this  name  the  new  association  remained  until  1910  when 
it  changed  its  name  to  the  New  York  State  Federation  of  Labor. 
The  older  leaders  had  passed  out  of  control,  the  representatives 
of  the  Federation  dominated  and  in  the  interests  of  uniformity 
of  name  the  Federation  secured  the  present  title.  For  a  few 
years  after  this  amalgamation  further  efforts  were  made  to 
secure  a  union  with  the  state  branch  of  the  Knights  of  Labor. 
It  seemed  for  a  time  as  if  this  union  might  be  accomplished. 
Details  could  not  be  satisfactorily  adjusted,  however,  and  the 
two  have  remained  apart.  With  the  increasing  strength  of  the 
one  and  the  waning  influence  of  the  other  the  adjustment  seems 
now  to  be  definitely  settled,  although  a  real  difficulty  remains  in 
the  handicap  that  comes  to  the  work  of  both  organizations  as 
the  result  of  their  rivalry. 

In  the  constitutions  of  the  early  Assembly  and  the  independ- 
ently formed  branch  of  the  Federation  there  was  but  little 
difference.  The  constitution  of  the  Workingmen's  Assembly,  as 
it  stood  in  1884,  was  practically  the  constitution  of  the  Working- 
men's  Federation  as  it  existed  in  1905,  and  these  are  essentially 
the  same  as  the  fundamental  law  of  the  state  federation  as  it  is  at 
present.  The  objects  of  the  organization  remain  embodied  in  the 
same  form  of  statement  in  the  latest  copy  of  the  constitution  of 
the  New  York  State  Federation  of  Labor  as  was  phrased  in  the 
earlier  issues  of  the  constitutions  of  the  Workingmen's  Assembly 
and  the  Workingmen's  Federation.  The  objects  as  stated  will 
show  the  nature  of  this  particular  branch  of  work. 

Their  Objects.  —  To  agitate  such  questions  as  may  be  for  the 
benefit  of  the  working  classes,  in  order  that  they  may  obtain  the 
enactment  of  such  measures  by  the  state  legislature  as  will  be 
beneficial  to  us,  and  the  repeal  of  all  oppressive  laws  which  now 


THE  AMERICAN  FEDERATION  OF  LABOR  95 

exist.  To  use  all  means  consistent  with  honor  and  dignity  so  to 
correct  the  abuses  under  which  the  working  classes  are  laboring 
as  to  insure  to  them  their  just  rights  and  privileges.  To  use  our 
utmost  endeavors  to  impress  upon  the  various  divisions  of  work- 
ingmen  the  necessity  of  a  close  and  thorough  organization,  and 
of  forming  themselves  into  local  unions  wherever  practicable. 
Thus  the  two  objects  are  expressed  and  they  indicate  fairly  the 
field  of  activity  of  these  state  federations.  They  seek  to  influence 
legislation  in  their  favor  and  act  as  agent  for  the  larger  organiza- 
tion in  pushing  the  work  of  closer  and  more  thorough  organiza- 
tion of  all  laborers  within  the  state.  A  plan  to  limit  the  work  to 
the  former  of  these  two  was  adopted  in  1889.  It  proved  im- 
practicable and  in  the  constitution  of  1897  the  restriction  does 
not  appear.  The  dropping  out  of  the  more  restricted  policy  was 
doubtless  the  result  of  the  consolidation  that  was  effected  at  that 
time,  the  new  organization  retaining  the  purposes  of  the  Amer- 
ican Federation  of  Labor.  The  present  organization,  then,  is 
under  the  constitution  of  the  New  York  State  Federation  of 
Labor. 

The  constitutions  of  these  state  organizations  are  essentially 
the  same  as  that  of  the  American  Federation  of  Labor,  varied  only 
to  meet  the  differing  situations  and  the  modified  purposes  of 
the  states.  The  state  federations  consist  of  the  annual  conven- 
tion which  is  a  delegate  body.  The  membership,  however,  is 
generally  not  restricted  to  delegates  from  unions  affiliated  with 
the  American  Federation  of  Labor.  The  locals  are  represented 
directly  instead  of  through  national  unions,  and  any  local  may 
be  represented  except  such  as  may  have  seceded  from  or  been 
expelled  from  a  national  union.  The  work  of  the  several  con- 
ventions is  along  the  same  lines.  Officers  chosen  at  the  conven- 
tions constitute  the  executive  council,  a  body  that  carries  the 
authority  of  the  organization  subject  to  the  approval  of  the 
annual  conventions. 

City  Centrals.  —  In  describing  the  organization  of  the  city 
centrals  it  will  not  be  necessary  to  add  much.  These  bodies 
have  a  relation  to  the  interests  of  labor  in  the  city  similar  to 
the  state  federation  and  the  state  interests.  They  commonly 
meet  more  frequently,  as  once  a  week  in  the  large  cities.  They 
are  delegate  meetings  with  the  usual  corps  of  officers  necessary 
to  administer  their  affairs.     Their  work  consists  in  pushing 


96     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

organization,  extending  their  representation  in  locals  not  affiliated 
with  the  central,  and  in  considering  wage  scales,  trade  agree- 
ments, and  other  matters  of  a  similar  nature.  At  these  meetings 
matters  of  a  most  intimate  relation  to  the  welfare  of  organized 
labor  are  freely  discussed.  Efforts  are  made  to  keep  the  dis- 
cussions confined  to  questions  that  relate  directly  to  labor  affairs. 
This  proves  difficult  indeed  and  the  presiding  officer  not  infre- 
quently has  to  test  the  full  extent  of  his  authority  in  order  to 
enforce  the  rules  that  bar  all  political  discussion  and  all  per- 
sonalities. These  men  speak  plainly  in  their  discussions  and 
seldom  attempt  voluntarily  to  conceal  their  impressions. 

While  these  city  centrals  are  now  generally  affiliated  in  the 
American  Federation  of  Labor,  such  has  not  always  been  the 
case.  Indeed  they  came  into  existence  before  the  beginning  of 
the  Federation.  Under  the  name  of  trades'  assemblies  they 
were  formed  soon  after  1830.  In  1866  there  were  thirty  centrals 
organized.  These  were  more  or  less  active  both  in  politics 
and  industry  according  to  the  personnel  of  the  leaders  and  the 
temper  of  the  times.  With  the  expansion  of  the  American 
Federation  of  Labor  these  were  gathered  in  one  by  one  and  new 
ones  were  formed,  so  that  at  the  present  time  by  far  the  larger 
number  look  to  the  Federation  as  their  creator. 

Policy  of  the  Federation.  —  The  American  Federation  of 
Labor  has  had  from  the  start  two  distinct  and  characteristic  ob- 
jects of  policy.  It  was  peculiarly  a  trade  organization,  preserv- 
ing the  trade  societies  as  the  units;  and  it  eschewed  all  purpose 
of  "going  into  politics."  The  first  point  of  policy  was  set  forth 
in  the  preamble  to  the  constitution  adopted  in  1887.  "We 
therefore  declare  ourselves  in  favor  of  the  formation  of  a  thorough 
federation,  embracing  every  trade  and  labor  organization  in 
America,  under  the  trades-union  system  of  organization."  On 
the  second  point  it  declared  itself  more  at  length  in  a  manifesto 
that  Carroll  D.  Wright  has  declared  to  be  "worthy  of  preser- 
vation in  any  history  of  the  labor  movement." 

"We  favor  this  federation  because  it  is  the  most  natural  and 
assimilative  form  of  bringing  the  trades'  and  labor  unions 
together.  It  preserves  the  industrial  autonomy  and  distinctive 
character  of  each  trade  and  labor  union,  and,  without  doing 
violence  to  their  faith  or  traditions,  blends  them  all  in  one 
harmonious  whole  —  a  '  federation  of  trades'  and  labor  unions.' 


THE  AMERICAN  FEDERATION  OF  LABOR  97 

Such  a  body  looks  to  the  organization  of  the  working  classes 
as  workers,  and  not  as  'soldiers'  (in  the  present  deprecatory 
sense)  or  politicians.  It  makes  the  qualities  of  a  man  as  a  worker 
the  only  test  of  fitness,  and  sets  up  no  political  or  religious 
test  of  membership.  It  strives  for  the  unification  of  all  labor, 
not  by  straining  at  an  enforced  union  of  diverse  thought  and 
widely  separated  methods,  not  by  prescribing  a  uniform  plan 
of  organization,  regardless  of  their  experience  or  interests;  not 
by  antagonizing  or  destroying  existing  organizations,  but  by 
preserving  all  that  is  integral  or  good  in  them  and  by  widening 
their  scope  so  that  each,  without  destroying  their  individual 
character,  may  act  together  in  all  that  concerns  them.  The 
open  trades  unions,  national  and  international,  can  and  ought 
to  work  side  by  side  with  the  Knights  of  Labor,  and  this  would 
be  the  case  were  it  not  for  men  either  overzealous  or  ambitious, 
who  busy  themselves  in  attempting  the  destruction  of  existing 
unions  to  serve  their  own  whims  and  mad  iconoclasm.  This 
should  cease  and  each  should  understand  its  proper  place  and 
work  in  that  sphere,  and  if  they  desire  to  come  under  one  head 
or  affiliate  their  affairs,  then  let  all  trades'  and  labor  societies, 
secret  or  public,  be  represented  in  the  Federation  of  Trades' 
and  Labor  Unions." 

In  this  statement  appears  clearly  the  determination  of  the 
promoters  of  the  Federation  neither  to  ask  nor  give  quarter 
in  their  rivalry  with  the  Knights  of  Labor.  Seizing  upon  the 
weakness  involved  in  the  existence  of  both  mixed  labor  as- 
semblies and  national  trade  assemblies  in  the  same  organization, 
they  were  quick  to  take  advantage  of  it.  The  Federation  rested 
squarely  upon  the  trade  association,  and  this  form  was  the  one 
that  dominated.  In  1894  the  Federation  resolved  to  hold  no 
meetings  or  conferences  with  the  Knights  until  the  latter  should 
abandon  its  dual  organization  in  the  trades.  This  resolution 
it  was  in  position  to  make  effective  by  a  refusal  to  recognize 
in  any  of  its  unionized  shops  a  card  of  a  member  of  the  Knights 
of  Labor.  As  the  trades  were  for  the  most  part  federated  in 
the  American  Federation  of  Labor  this  refusal  was  a  serious 
handicap  in  securing  employment. 

Comparison  and  Contrast.  —  With  the  formation  and  con- 
tinued existence  of  the  American  Federation  of  Labor  the 
historical  part  of  the  movement  merges  into  the  present.    Other 


98     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

organizations  now  in  process  of  formation  or  development  in 
so  far  as  they  differ  from  those  of  the  past  are  matters  of  current 
activity  and  it  remains  for  the  future  to  reveal  their  value. 
A  backward  glance  over  the  several  organizations  that  have 
had  some  degree  of  permanency  in  the  past  reveals  some  prin- 
ciples that  are  interesting  as  well  as  important.  It  is  the  work 
of  the  historian  of  the  labor  movement  to  bring  these  out  in 
fullness.  There  are  some  lessons  that  even  now  are  apparent. 
Out  of  the  several  forms  of  organization  have  developed  two 
that  have  stood  forth  as  rivals.  These  are  the  Knights  of  Labor 
and  the  American  Federation  of  Labor.  They  were  established 
at  about  the  same  time.  Each  gathered  into  itself  what  was  by 
its  founders  thought  to  be  the  valuable  lessons  of  the  past. 
Yet  they  developed  on  quite  opposite  principles.  The  organi- 
zation of  Knights  was  based  upon  the  principle  that  the  interests 
of  all  laborers  were  identical,  that  "an  injury  to  one  is  the  con- 
cern of  all"  and  that  all  members  would  therefore  come  to 
the  support  of  any  who  needed  aid.  On  this  principle  the  assem- 
blies were  formed,  not  on  the  basis  of  trade  membership  but 
rather  of  mixed  membership.  Thus  the  Knights  of  Labor  was 
an  organization  which  undertook  to  bring  all  separate  interests 
into  subordination  to  the  interests  of  the  whole;  a  broad  prin- 
ciple which  in  present  society  exists  to  any  considerable  extent 
in  ideal  only.  In  contrast  with  this  the  Federation  has  from 
the  start  admitted  the  conflict  of  interest  even  within  the  bound- 
aries of  the  laboring  class  and  has  shaped  its  organization  in 
such  a  way  as  to  allow  play  for  these  conflicting  interests  with- 
out interfering  with  the  unity  at  points  where  the  interests 
were  common.  Its  basis  of  organization  has  been  regularly 
that  of  trade  units  joined  into  a  federation.  Considerable 
autonomy  remains  to  these  units  and  this  is  freely  exercised, 
yet  there  is  in  the  fact  of  federation  opportunity  for  common 
action  on  common  interests  that  is  immensely  increased  in 
its  efficiency  from  the  absence  of  friction  within  the  organi- 
zation. This  organization  on  the  basis  of  a  single  vocation  rests 
on  the  principle  that  "men  who  think  alike  should  act  together," 
a  principle  that  is  not  so  highly  tinctured  with  idealism  as 
that  adopted  by  the  Knights  but  one  that  has  stood  the  test 
of  time  in  various  forms  of  association,  one  that  has  the  virtue 
of  being  sternly  practical.    It  "comes  closer  to  human  nature" 


THE  AMERICAN  FEDERATION  OF  LABOR  99 

in  its  preservation  of  individual  interests.    From  the  standpoint 
of  idealism   the  Knights  represent   the  higher  development, 
while  the  Federation  reveals  the  greater  practical  insight.    From 
another  point  of  view  the  difference  appears  in  the  degree  of 
centralization  attained  in  the  two  societies.  With  the  Knights 
a  higher  degree  of  centralization  was  not  only  possible  but 
natural,  while  with  the  Federation  it  was  simply  impossible. 
In  one  other  particular  the  policy  of  the  two  has  been  unlike. 
The   Knights,   largely   influenced   by   the   example  of  former 
societies,  aimed  to  exercise  direct  political  control.    The  Federa- 
tion, on  the  other  hand,  was  warned  by  the  same  experiences 
and  from  the  start  has  been  able  to  muster  sufficient  strength 
to  prevent  political  action  from  becoming  a  part  of  its  policy. 
This  has  often  led  to  some  very  bitter  fights,  especially  on  the 
part  of  the  socialist  members  of  the  Federation.     The  non- 
political  program  has  been  steadily  adhered  to  and  still  remains 
as  one  of  the  points  on  which  the  present  leaders  are  most  de- 
termined.   These  opposite  policies  and  principles  adopted  by 
these  two  great  rival  societies  have  had  opportunity  to  show 
their  relative  strength.    For  a  time  the  Knights  had  a  remark- 
able growth.    The  test  of  time  has  revealed  the  weaknesses  of 
its  foundation  and  the  superior  adaptability  of  that  of  its  great 
rival.    The  American  Federation  of  Labor,  though  admittedly 
not  without  its  weak  points,  stands  to-day  as  the  most  powerful 
organization  that  American   workingmen    have   been   able  to 
create;  a  product  of  experiment,  failure  and  determined  effort 
of  the  past.     It  compares  favorably  with  the  organizations  in 
other  countries.    It  sums  up  for  labor  organizations  the  lessons 
of  history. 


CHAPTER  VII 
THE  AMERICAN  TRADE  UNION 

With  the  outline  of  the  two  great  national  associations  set 
forth  in  their  main  features,  it  remains  to  describe  that  form  of 
trade  organization  that  is  called  the  trade  union.  This  is  not  an 
easy  task.  It  is  doubtful  if  any  description  of  these  units  of  the 
movement  can  be  made  that  will  be  satisfactory.  More  than 
one  hundred  and  fifty  in  number,  each  has  its  own  definite 
structure  or  form  of  organization,  its  own  constitution  and  set 
of  laws.  Each  is  an  evolution  and  stands  to-day  as  a  product 
of  many  forces  that  have  worked  themselves  out  along  varying 
lines.  Historical  development,  peculiarities  of  particular  trades, 
personalities  of  leaders,  geographical  area  included  within  the 
scope  of  the  society's  activities:  these  are  some  of  the  forces 
that  have  had  an  important  influence  in  shaping  the  particular 
form  of  a  society.  It  is  admittedly  difficult,  perhaps  dangerous 
to  the  interests  of  clearness,  to  formulate  a  blanket  description 
that  will  cover  the  form  of  organization  of  this  group  of  societies 
that  goes  under  the  name  of  American  trade  unions. 

Upon  analysis,  however,  it  becomes  evident  that  an  examina- 
tion of  a  large  number  of  unions  reveals  a  unity  of  principle 
running  through  practically  all  of  them.  It  is  this  common 
element  that  the  present  chapter  seeks  to  describe. 

Its  Parts  and  Their  Relations.  —  The  American  trade  union 
is  made  up  of  three  distinct  parts  with  definite  relations  between 
them.  There  is,  first,  the  central  body,  called  by  various  names 
as  The  Union,  The  International,  The  General  Union,  The 
Grand  Lodge,  The  Grand  Division.  Then  there  is  the  local 
body,  generally  called  The  Local.  Between  these  two  there  is 
interposed  in  the  larger  unions  a  third  body  made  up  of  locals 
within  restricted  areas  and  smaller  than  the  central  body. 
These  are  generally  called  Divisions,  though  various  names 
are  used  as  District  Lodge,  Joint  Council,  System  Division. 
It  may  be  that  the  particular  needs  of  the  union  are  such  as 

100 


THE  AMERICAN  TRADE  UNION  ioi 

to  call  for  a  fourth  division.  This  is  true  of  The  United  Mine 
Workers  which  has  The  International,  The  District,  The  Sub- 
District,  and  The  Local.  In  this  description  the  word  union 
will  mean  the  central  body. 

Generally  speaking  the  locals  are  the  source  of  authority 
in  that  they  have  the  voting  strength  and  constitute  the  units 
upon  which  the  union  rests.  This  authority  is  practically 
all  delegated  and  rests  in  the  central  body  or  the  union  as  a 
whole.  This  gives  the  largest  importance  to  the  central  organi- 
zation and  causes  it  to  stand  as  the  union  in  all  external  relations. 
In  the  more  detailed  description,  therefore,  it  will  be  best  to 
begin  with  the  first  body,  the  union  itself. 

The  Union :  The  Convention. —  In  the  fundamental  laws 
of  organization  of  practically  all  of  these  societies  the  constitu- 
tion asserts  that  the  union  is  the  "ultimate  tribunal,"  the 
"supreme  head,"  the  "sovereign  body,"  having  jurisdiction 
over  every  interest  that  touches  the  welfare  of  the  trade  and 
every  relation  between  it  and  the  outside  world  of  industry. 
The  embodiment  of  this  authority  is  the  convention,  a  delegate 
body  representing  the  locals.  The  basis  of  this  representation 
is  by  no  means  uniform.  It  varies  with  the  particular  needs 
of  the  trade  that  it  represents.  The  delegates  are  chosen  by 
the  locals  in  a  ratio  determined  in  the  constitutions  of  their 
respective  unions.  There  is  no  uniformity  in  this  ratio.  Each 
local  is  entitled  to  at  least  one  delegate.  Sometimes  it  is  fixed 
at  one  delegate  for  each  one  hundred  members  or  major  fraction 
thereof.  The  total  number  for  any  one  local  may  be  limited, 
as  in  one  case  for  example,  it  cannot  be  more  than  five,  and 
in  another  the  limit  is  ten.  By  another  method  in  general  use 
the  representation  is  adjusted  so  as  to  give  the  larger  locals 
proportionately  less  voting  strength,  as  the  following  plan  will 
illustrate.  For  ioo  members,  one  delegate;  between  ioo  and 
500  members,  two  delegates;  between  500  and  1,000  members, 
three  delegates;  for  1,000  or  more,  four  delegates.  In  some 
cases  each  delegate  has  one  vote  while  in  others  the  voting  is 
done  by  unions.  Proxies  are  sometimes  allowed.  Occasion- 
ally the  adjustment  between  the  number  of  delegates  and  the 
voting  strength  is  made  in  a  more  complicated  way.  The 
number  of  delegates  is  fixed  by  units  of  200  members.  The 
local,  however,  is  entitled  to  one  vote  for  the  first  100  mem- 


102    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

bers  and  one  additional  vote  for  every  additional  ioo  of  member- 
ship. In  this  case  the  number  of  delegates  does  not  equal  the 
voting  strength  so  as  to  have  one  delegate  for  each  possible  vote. 
Some  delegates  thus  have  in  effect  two  or  more  votes  each  and 
each  may  vote  following  his  own  discretion.  In  case  an  odd 
number  of  votes  falls  to  any  local  with  an  even  number  of 
delegates  the  delegate  first  elected  is  entitled  to  the  extra  vote. 
If  the  local  is  not  represented  by  its  full  quota  of  voting  dele- 
gates, those  who  are  present  may  cast  among  them  all  the  votes 
that  the  local  is  entitled  to. 

In  order  to  encourage  a  large  attendance  of  delegates  at  the 
conventions  some  unions  pay  the  expenses  out  of  a  general 
fund.  In  other  cases  each  local  pays  the  expenses  of  its  own 
delegation.  In  still  other  instances  there  is  an  adjustment  by 
which  the  local  pays  entertainment  expenses  and  the  union 
the  travelling  expenses.  Obviously  the  choice  between  these 
several  plans  will  rest  upon  the  financial  condition  of  the  or- 
ganization and  the  importance  attached  to  the  work  of  the 
convention.  Where  there  are  funds  for  the  purpose  and  where 
it  is  for  the  interests  of  the  trade  to  have  a  large  convention 
with  all  locals  represented,  the  general  funds  will  be  drawn  on 
for  the  expenses.  If  funds  do  not  permit,  but  a  large  representa- 
tive vote  is  desirable,  then  there  will  be  the  resort  to  proxy 
voting  or  the  plan  of  more  than  one  vote  to  a  delegate.  Some 
trades  obviously  do  not  attach  so  much  importance  to  a  large  del- 
egate meeting  and  then  it  is  left  quite  entirely  to  the  locals  to 
decide  each  for  itself  whether  it  will  send  representation  or  not. 
In  this  latter  case  the  larger  locals  will  probably  pay  the  entire 
expenses  of  the  delegation.  In  smaller  ones  it  is  not  unlikely 
that  there  will  be  some  one  among  the  younger  men  who  is 
an  enthusiastic  unionist  and  is  anxious  to  see  the  larger  body 
at  work  and  to  try  himself  out  among  the  leaders.  In  such  a 
case  some  plan  will  be  devised  by  which  the  local  can  have  one 
delegate  at  least  by  sharing  some  part  of  the  expenses.  If 
the  necessity  for  a  representative  body  is  great  and  the  funds 
for  securing  such  a  body  are  small,  there  is  the  plan,  resorted 
to  in  some  cases,  of  levying  a  fine  upon  any  local  that  is  not 
represented  by  at  least  one  delegate.  This  fine,  however,  is 
made  revocable  at  the  discretion  of  the  union  officials.  In  the 
Typographical  Union,  for  example,  the  expenses  of  delegates 


THE  AMERICAN  TRADE  UNION  103 

are  not  paid  from  the  general  fund.  The  result  is  that  the 
smaller  locals  are  not  represented.  To  meet  this  difficulty  the 
plan  has  been  adopted  of  having  the  meetings  of  the  convention 
at  different  places  in  order  that  the  locals  within  easy  distance 
in  one  year  may  be  represented,  a  privilege  that  at  the  next 
convention  will  come  to  the  locals  in  another  section.  Thus 
the  smaller  locals  have  an  opportunity  for  occasional  representa- 
tion. Professor  Barnett  has  figured  out  that  for  the  convention 
of  this  union  at  Washington  in  1903,  180  locals  out  of  695  had 
delegates  at  the  meeting.  This  was  twenty-six  per  cent.  These 
locals  represented  33,486  members,  which  was  72.5  per  cent 
of  the  total  membership. 

Meetings  of  Convention.  —  As  to  the  frequency  of  conven- 
tion meetings  there  is  wide  variation.  There  are  unions  that  pro- 
vide for  annual  conventions.  Others  meet  every  second  year. 
Some  have  triennial  sessions.  Beyond  this  the  probability  is  that 
the  time  of  meeting  is  not  fixed  in  the  constitution  but  is  left 
to  the  discretion  of  designated  officials  or  to  referendum  vote. 
In  one  case  a  referendum  vote  is  submitted  on  the  question: 
"Shall  a  convention  be  called  this  year?"  This  referendum  is 
taken  each  year  except  the  one  immediately  following  a  con- 
vention year.  At  the  time  of  such  a  referendum,  it  is  necessary 
to  secure  a  full  discussion.  In  one  trade  paper,  for  example, 
is  found  this  editorial  notice:  "Shall  we  hold  a  convention  in 
19 13?  That  question  should  receive  the  careful  consideration 
of  every  member,  and  should  be  discussed  in  every  meeting 
between  now  and  January,  when  the  vote  will  be  taken."  Oc- 
casionally long  periods  will  pass  with  no  session  of  the  convention. 
The  Granite  Cutters  held  a  session  in  1880  and  did  not  convene 
again  until  19 12.  At  the  present  writing  no  time  is  set  for 
another  convention  of  this  union.  Such  a  time  may  be  arranged 
for  by  an  initiative  proposition  and  a  referendum  vote.  During 
the  thirty-two  years  that  intervened  between  the  two  conven- 
tions the  general  laws  of  the  association  were  revised  five  times 
by  a  small  revision  committee  elected  by  a  general  vote.  The 
Cigar  Makers  convention  of  19 12  was  the  first  to  be  held  in 
sixteen  years.  This  union  pays  the  expenses  of  delegates  from 
the  general  fund,  and  has  found  the  referendum  more  economi- 
cal and  on  the  whole  more  satisfactory.  In  19 12  the  Interna- 
tional Molders  held  a  convention  after  a  five-year  period.    There 


104    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

were  at  this  meeting  403  delegates,  only  60  of  whom  had  been 
present  at  a  former  convention. 

There  are  very  obvious  advantages  to  be  credited  to  the 
plan  of  holding  frequent  conventions.  The  enthusiasm  that 
comes  from  numbers  and  from  discussion  of  problems  is  inspir- 
ing, and  the  delegates  return  with  a  measure  of  this  for  their 
locals.  Capable  leaders  from  the  various  sections  come  together 
and  in  the  discussions  and  planning  it  will  often  be  that  new 
talent  will  develop  that  may  rise  into  higher  positions.  Against 
these  advantages,  however,  other  considerations  may  be  placed. 
With  a  large  union  it  is  a  stern  fact  that  expenses  are  heavy. 
The  enthusiasm  is  more  difficult  to  preserve  in  its  intensity 
while  it  is  being  scattered  widely  among  numerous  locals.  The 
town  in  which  the  convention  is  held  is  anxious  to  be  hospitable, 
and  consequently  an  elaborate  round  of  entertainment  is  pre- 
pared. This  interferes  with  the  calm  discussion  and  careful 
attention  that  many  of  the  difficult  affairs  of  the  union  need. 
Writing  of  the  printers  Professor  Barnett  states  that:  "As  a 
substitute  for  a  small  and  representative  council,  the  convention 
is  an  archaic  and  inefficient  institution.  In  session  for  only  a 
week,  feted  on  every  possible  occasion  by  the  entertaining 
union,  with  a  membership  so  large  as  to  make  deliberation 
impracticable,  the  supervision  which  the  convention  can  give 
the  work  of  the  officers  is  necessarily  slight."  One  recent  cor- 
rective suggested  is  the  designation  of  a  permanent  convention 
city  for  this  union.  There  are  obvious  tendencies  in  the  direc- 
tion of  doing  away  with  the  convention  quite  entirely,  as  one 
after  another  of  its  duties  are  now  discharged  in  other  ways. 
Whether  or  not  it  is  to  pass  entirely  it  is  difficult  to  forecast. 
There  are  some  very  decided  advantages  accruing  from  it  and 
these  may  be  powerful  enough  to  stem  the  present  tide  away 
from  the  plan.  Enthusiasm  is  very  necessary  to  unionism. 
Methods  of  keeping  it  alive  are  consequently  of  great  impor- 
tance. The  convention  is  certainly  a  great  factor  in  keeping 
members  enthused.  Delegates  carry  these  stirring  influences 
away  with  them.  The  trade  journals  print  descriptions  and 
pictures  that  arouse  interest.  Election  as  a  delegate  may  be 
the  incentive  for  much  active  work  during  the  year.  It  is  true 
that  the  convention's  work  may  be  done  in  other  ways  in  part 
or  for  a  limited  time.    It  is  not  clear  that  it  can  be  done  away 


THE  AMERICAN  TRADE  UNION  105 

with  entirely  without  some  definite  loss  to  the  cause.  For 
the  year  19 15  there  were  announced  forty-four  conventions  of 
international  unions. 

The  Business  of  the  Convention.  —  The  business  of  the  con- 
vention is  restricted  to  lines  generally  laid  down  in  the  consti- 
tution. A  description  of  its  powers  is  made  difficult  by  the 
fact  that  in  so  many  cases  it  shares  its  authority  in  a  very  real 
way  with  the  referendum.  When  this  latter  method  has  not 
been  arranged  for  as  a  substitute,  the  convention  elects  the 
officers  of  the  union,  amends  the  constitution,  hears  the  reports 
of  the  officers  and  takes  action  on  a  variety  of  matters  that 
are  brought  before  it.  A  typical  "order  of  business"  is  as  fol- 
lows: Report  of  committee  on  credentials;  Roll  call  of  officers 
and  members;  Reading  of  minutes;  Reports  of  officers,  com- 
mencing with  the  president;  Receiving  communications  and 
bills;  Reports  and  petitions  of  subordinate  unions;  Resolu- 
tions; Report  of  special  committees;  Nomination  for  and 
election  of  officers;  Installation  of  officers;  Unfinished  business; 
General  benefit  of  the  organization;  Adjournment.  The  list 
of  committees  may  be  taken  as  further  indicating  the  scope  of 
the  convention's  work.  A  typical  list  is  as  follows:  on  Consti- 
tution; on  General  and  Local  Division  Statutes;  on  Ritual; 
on  Grievance,  Appeals  and  Petitions;  on  Subordinate  Divi- 
sions; on  System  Division  Statutes;  on  Mutual  Benefit  Depart- 
ment; on  State  and  National  Legislation;  on  Labor  and  Labor 
Statistics;  on  Finance  and  Salaries.  Each  of  these  has  seven 
members.  The  following  have  three  each:  on  Resolutions  and 
Greetings;  on  Grand  Officers'  Reports;  on  the  Official  Organ; 
on  Printing;  on  the  Press;  on  Transportation;  on  Local  Grand 
Division   Session;   on   Rules. 

Executive  Officers.  —  At  all  times,  whether  in  convention  or 
during  the  interim,  the  executive  officers  stand  for  the  union 
in  a  very  real  and  practical  sense.  Of  these  the  president  is 
the  center  of  influence  and  power.  He  is  distinctively  the 
leader.  These  officers  are  elected  for  a  term  and  in  a  manner 
that  are  not  uniform  among  the  unions.  There  are  two  charac- 
teristic ways  of  choosing  the  chief  executive:  by  vote  of  the 
convention  and  by  referendum  method.  Generally  in  the  unions 
that  hold  conventions  either  annually  or  biennially  the  president 
is  chosen  by  vote  of  the  convention  for  a  term  that  corresponds 


106    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

to  the  frequency  of  the  sessions.  Either  one  or  two  years  will 
be  the  length  of  term.  In  unions  that  do  not  hold  conventions 
either  annually  or  biennially,  the  election  will  be  generally  for 
a  short  term.  This  must  not  be  regarded  as  the  deciding  factor 
in  determining  the  method  of  election,  as  in  some  cases  a  union 
with  triennial  sessions  will  select  a  president  by  referendum 
every  two  years  regardless  of  the  convention  year.  The  tend- 
ency is  decidedly  in  favor  of  short  terms  for  these  officers.  One 
or  two  years  is  the  length  that  prevails  very  generally.  In 
case  of  election  by  the  convention  there  is  nothing  peculiar 
about  the  method  of  voting  other  than  what  has  already  been 
noted;  the  system  of  representation  and  the  relative  strength 
of  voting  as  among  the  locals  represented. 

The  organization  of  the  executive  staff  is  the  direct  result 
of  necessity.  In  the  earlier  days  of  the  unions  the  executive 
officers  were  numerous,  following  the  manner  of  the  locals. 
The  occupants  were  not  paid  for  their  services  and  were  chosen 
from  widely  scattered  sections  of  the  country.  With  the  in- 
crease in  work  for  these  officers  to  do  it  became  evident  that 
some  change  must  be  made.  Either  all  the  authority  must 
be  concentrated  in  a  single  officer  or  a  limited  number  must 
be  chosen,  brought  together  for  cooperation  and  paid  a  salary. 
Wherever  this  option  has  presented  itself  the  latter  course  has 
quite  generally  been  chosen.  This  gave  the  president  the  usual 
corps  of  fellow  officers,  the  vice  president,  the  secretary  and 
the  treasurer.  From  the  first  short  terms  have  been  popular. 
Even  in  the  most  firmly  established  unions  the  terms  of  office 
have  not  been  lengthened.  Reelection  has  made  possible  the 
equivalent  of  lengthened  terms  where  that  has  proved  to 
be  desirable,  keeping  at  the  same  time  a  high  degree  of  demo- 
cratic control.  It  was  clearly  the  early  tendency  to  change  of- 
ficers :  to  pass  the  office  around.  When  the  duties  were  simple  and 
more  or  less  routine  this  was  easily  possible.  It  had  the  added 
advantage  of  preserving  the  "labor"  point  of  view  in  the  office, 
as  the  occupant  was  not  out  of  the  shop  for  a  long  enough  time 
to  forget  the  "atmosphere"  of  the  movement  whose  servant 
he  was.  With  the  growing  importance  of  continuity  of  policy 
and  the  increasing  difficulty  of  the  problems  that  had  to  be 
faced,  adminstrative  and  executive  experience  became  a  distinct 
asset  to  the  union  and  this  has  led  to  reelections  for  many  sue- 


THE  AMERICAN  TRADE  UNION  107 

cessive  terms  in  some  of  the  strongest  unions.  In  the  early 
history  of  the  Typographical  Union  for  a  period  of  forty  years, 
from  1850  to  1890,  there  were  thirty  different  presidents.  Only 
two  of  these  held  office  for  as  long  as  three  years,  and  five  were 
in  office  for  two  years  each.  In  1888  the  term  of  office  was 
made  two  years.  Since  1890  aside  from  the  present  incumbent 
who  is  in  his  first  term,  there  have  been  three  presidents  in  the 
twenty-four  years.  The  first  had  three  terms  or  six  years, 
the  second  but  one  term  and  the  third  had  seven  terms  or  four- 
teen years. 

Before  the  election  of  John  Mitchell  to  the  presidency  of 
the  United  Mine  Workers  of  America  only  one  occupant  had 
exceeded  a  two-year  term.  Mr.  Mitchell  was  president  for 
ten  years.  In  further  illustrating  the  extent  to  which  continued 
service  has  been  secured  with  short  terms  of  office  it  may  be 
noted  that  a  president  of  the  Carpenters  Union  continued  in 
office  for  twenty  years,  and  that  Mr.  Arthur  was  at  the  head 
of  the  Brotherhood  of  Locomotive  Engineers  for  twenty-nine 
years,  or  until  his  death. 

The  officers  receive  salaries  paid  out  of  the  general  funds  of 
the  union.  The  amount  varies,  depending  upon  the  financial 
resources  of  the  union,  and  the  demands  made  upon  the  time 
and  energies  of  the  men.  The  president  generally  receives 
the  highest  salary  though  the  secretary  sometimes  receives 
an  amount  as  large.  There  is  considerable  variation  in  these 
amounts.  One  of  the  highest,  perhaps,  is  $7,000.  From  this 
it  ranges  down  to  $1,000  or  perhaps  lower.  For  the  stronger 
and  larger  unions  it  is  probable  that  $2,500  or  $3,000  is  the 
amount  generally  paid.  Mr.  Mitchell,  writing  in  1903,  and 
speaking  of  unions  as  a  whole  with  no  distinction  as  to  size  or 
strength,  says:  "I  believe  no  national  officer  receives  a  higher 
salary  than  $3,000.  The  probable  range  of  salaries  for  trade 
union  presidents  lies,  at  the  present  time  (1903),  between  $1,000 
and  $1,800."  The  amount  of  the  salaries  is  quite  generally 
fixed  in  the  constitution.  There  are  cases,  however,  in  which 
the  determination  is  left  to  each  biennial  convention  of  the 
union.  The  vice  presidents  do  not  all  receive  salaries.  In 
some  instances  they  receive  a  per  diem  compensation  for  the 
time  that  they  use  in  connection  with  the  duties  of  their 
office. 


108    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

President's  Representatives.  —  With  the  increasing  com- 
plexity of  the  duties  of  administration  it  has  become  more  and 
more  difficult  for  the  president  to  discharge  his  duties  success- 
fully and  efficiently.    Vice  presidents  were  chosen  to  assist  him. 
These  officers  did  not  quite  meet  the  needs  in  all  cases.    It  was 
necessary  for  the  president  to  know  that  the  locals  were  living 
up  to  their  obligations.     Written  reports  from  local  officers 
were  not  sufficient.     In  some  cases  the  president  is  assisted 
in  this  work  by  the  vice  president.    The  Boiler  Makers  have 
nine  vice  presidents,  all  on  the  road  advising  locals  and  assisting 
in  organizing  new  ones.    These  needs  have  been  met  in  other 
instances   by   the   selection   of  special   representatives   of  the 
president  whose  sole  duty  it  is  to  travel  about  from  local  to 
local  and  to  report  conditions  to  the  chief  officer.    These  func- 
tions have  been  differentiated  in  the  more  advanced  unions 
until  there  are  the  financier,  the  strike  agent,  the  label  agitator 
and  the  organizer,  all  representing  the  president  and  doing 
what  it  would  be  impossible  for  a  single  individual  to  do.    These 
agents  are  more  or  less  numerous  as  the  particular  demands 
of  the  several  unions  require.    They  all  bear  a  very  intimate 
relation  to  the  chief  executive,  being  in  a  very  real  sense  his 
personal  representative.     An  instance  of  the  increasing  need 
of  this  development  and  of  its  presence  in  most  of  the  unions 
may  be  shown  from  a  statement  made  by  the  president  of  the 
Molders  Union,  an  organization  that  is  evidently  just  at  the 
point  of  realizing  the  need  for  this  step  in  evolution.   The  consti- 
tution provides  that  the  president  and  the  four  vice  presidents 
shall  act  as  organizers.     This  work,   the  president  contends, 
they  are  not  able  to  do.     "The  staff  of  vice  presidents,"  he 
says,  "has  necessarily  become  a  body  of  specially  trained  men 
whose  time  is  fully  occupied  in  taking  up  and  adjusting  those 
questions  which  our  members  have  been  unable  to  successfully 
dispose  of  locally.    Experts  and  specialists  are  as  much  a  neces- 
sity in  an  international  union  as  in  any  other  large  enterprise, 
and  our  sta&.qf  vice  presidents,  to  be  successful,  must  be  com- 
posed of  men  who,  through  their  long  training  in  the  affairs 
of  our  organization,  have  become  specialists  and  who,  through 
their  knowledge  and  experience,  are  able  to  give  service  which 
could  not  otherwise  be  rendered." 
Executive  Board.  —  One  other  important  feature  of  the  or- 


THE  AMERICAN  TRADE  UNION  109 

ganization  of  the  union  remains  to  be  noticed.  It  is  usually 
called  the  executive  board  or  the  executive  council.  There  is, 
in  this  branch  of  the  organization  as  in  others,  some  variation 
in  the  structure  of  the  council.  There  is  variation  in  the  number 
of  the  membership.  In  some  instances  the  number  is  as  small 
as  three.  In  other  cases  it  is  as  many  as  eight  or  even  more. 
Generally  the  president  is  a  member  of  this  board.  His  as- 
sociate officers  also  have  places,  as  the  vice  presidents,  the 
secretary  and  the  treasurer.  When  the  vice  presidents  are 
numerous,  as  they  are  in  some  of  the  unions,  only  a  part  of 
their  number  will  be  included.  Officers  whose  terms  have 
expired  are  sometimes,  by  virtue  of  their  former  service,  elected 
to  this  body.  Sometimes  they  are  assigned  to  the  place  by  a 
constitutional  provision  that  works  automatically.  Generally 
the  number  will  be  filled  out  with  others  chosen  directly  for 
the  position,  either  by  convention  or  by  referendum  vote. 
There  is  more  variety  in  the  size  and  membership  of  these 
boards  than  in  the  work  they  have  to  do.  With  reference  to 
this  latter  point  they  may  be  divided  into  two  classes:  one  having 
numerous  duties  of  an  executive  nature,  and  the  other  acting 
only  as  an  advisory  board  with  appellate  duties  in  cases  of 
conflict  or  lack  of  adjustment  between  the  other  branches  of 
the  union's  organization.  It  has  been  the  case  in  some  instances 
that  this  board  has  been  permitted  to  transact  its  business  by 
correspondence,  though  this  is  not  customary.  Its  evident 
disadvantages  have  prevented  its  general  adoption.  If  the 
board  be  large  in  number  it  will  generally  be  more  purely  an 
advisory  body.  In  cases  where  its  membership  is  limited,  as 
to  three,  it  holds  a  large  power,  as  it  can  act  quickly  and  has 
only  the  limited  number  to  consult  in  determining  a  policy. 
The  work  of  this  board  is  naturally  divided  into  two  kinds, 
the  administrative  and  the  judicial.  These  two  functions  have 
not  yet  become  very  clearly  differentiated  in  the  organization. 
The  council  will  perform  both  functions  indiscriminately.  In 
a  few  cases  a  judiciary  board  has  been  established  to  have 
sole  control  of  all  business  of  a  judicial  nature  when  the  union 
is  not  in  session.  This  judicial  business  consists  in  appeals 
by  members  against  other  members,  decisions  on  laws  of  the 
union  or  disputes  between  locals  or  members  of  different  locals. 
In  short,  such  a  board  will  pass  upon  all  questions  relating  to 


no    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  laws  of  the  union  or  of  any  of  the  subordinate  locals  or  divi- 
sions. Perhaps  a  typical  list  of  functions  of  an  executive  board 
is  that  of  the  Cigar  Makers  Union.  This  board  may  substitute 
its  judgment  for  that  of  the  president  in  certain  cases.  It  grants 
charters  to  new  locals;  levies  assessments  to  replenish  funds; 
acts  as  a  board  of  approval  of  many  executive  acts,  as  in  cases 
of  appointment  or  removal,  and  in  the  employment  of  clerks 
as  assistants.  It  can  try  the  president  if  be  be  impeached  by 
locals  (a  motion  of  one  local  seconded  by  one-fifth  of  all  the 
locals  impeaches).  It  can  hear,  as  a  court  of  appeal,  all  judicial 
decisions  of  the  president.  This  might  make  it  appear  that 
the  president  of  this  union  is  limited  in  a  very  real  way  in  the 
exercise  of  his  functions.  Such  is  not,  as  a  matter  of  fact,  the 
case.  The  separation  of  executive  and  judicial  activities  has 
not  progressed  to  such  a  point  yet  that  they  are  clearly  defina- 
ble. The  consequence  is  that  the  president  acts  in  such  a  way 
that  his  executive  and  judicial  duties  are  often,  in  practice, 
hopelessly  intermingled.  "A  study  of  the  system  of  administra- 
tion," writes  one  of  the  students  of  this  particular  union,  "is 
primarily  a  study  of  the  International  President."  While  the 
various  organs  for  the  performance  of  all  the  several  functions 
of  this  union  have  not  yet  been  very  clearly  differentiated,  it 
does  not  follow  that  the  organization,  in  its  results,  is  not  effect- 
ive. Speaking  of  the  judicial  system  and  its  ability  to  ac- 
complish results,  the  president  stated  in  the  annual  report  of 
1912:  "As  already  stated,  the  International  Union  is  completely 
self-governing.  Every  member  of  the  International  Union  pos- 
sesses the  right  to  first  appeal  to  the  local  union  against  any 
action  taken  against  him,  and  if  dissatisfied  with  the  result 
he  may  appeal  to  the  international  president,  and  from  any 
decision  rendered  by  the  president  he,  or  the  local  union,  may 
appeal  to  the  international  executive  board,  and  from  the 
executive  board,  to  popular  vote,  which  plan  completely  safe- 
guards the  right  of  the  member  and  the  rights  of  the  union. 
Under  this  plan  of  appeals  there  can  be  no  such  thing  as  autoc- 
racy on  the  part  of  any  local  union,  the  international  president 
or  the  executive  board.  The  final  disposal  and  decision  is  vested 
in  the  hands  of  the  combined  membership." 

With  the  continued  development  of  the  burdens  of  the  ad- 
ministrative branch,  the  executive  board  will  increase  in  im- 


THE  AMERICAN  TRADE  UNION  III 

portance.  As  conventions  become  less  frequent,  this  will  be 
still  more  accentuated.  The  executive  board  will  tend  to  become 
the  center  of  authority,  subject  to  the  will  of  the  union  of  locals. 
With  the  Boiler  Makers,  for  example,  the  executive  council 
meets  once  a  year  for  a  two  weeks'  session.  During  this  time  it 
makes  an  inventory  of  supplies  and  property  of  the  union,  plans 
further  campaigns  of  organization,  considers  and  develops 
financial  plans,  and  discusses  the  policy  being  followed  in  the 
strikes  that  are  in  progress.  This  may  amount  to  as  many  as 
fifteen  or  more  at  the  time  of  the  session.  Contrasted  with  this 
may  be  noted  the  executive  board  of  the  Molders  Union.  During 
the  five-year  period  between  the  conventions  of  1907  and  19 12 
this  body  held  fourteen  meetings  at  which  was  considered  all  the 
various  business  of  importance  pertaining  to  the  work  of  the 
order. 

Movement  Toward  Centralization.  —  There  must  be  a  limit 
to  this  centralization.  Efficiency  and  economy  both  argue  for  its 
extension.  But  unionists  sometimes  care  less  for  economy  and 
efficiency  than  for  some  other  things.  They  are  jealous  of  au- 
thority and  suspicious  of  its  centralization.  The  official  who 
spends  his  entire  time  for  years  in  the  atmosphere  of  a  business 
office  or  in  the  duties  of  administration  may  be  liable  to  the 
charge  of  losing  touch  with  the  shop  and  the  atmosphere  of 
shop  work.  The  energetic  workman  with  aspirations  for  leader- 
ship and  demagogic  tendencies  finds  in  this  departure  from  what 
he  may  term  the  democratic  spirit  the  material  that  he  can  use 
with  skill  to  his  own  advantage.  It  is  doubtful  if  this  tendency 
toward  high  centralization  of  management  in  the  executive 
board  and  the  growing  infrequency  of  delegate  conventions 
will  continue  for  much  longer  without  interruption. 

The  Local.  —  Next  in  importance  to  the  national  organization 
is  the  local.  As  a  matter  of  fact,  locals  existed  before  the  forma- 
tion of  the  nationals  in  many  cases  and  the  amalgamation  into 
the  national  has  been  a  development  that  is  in  itself  not  without 
significance.  The  first  realization  of  a  community  of  interest 
would  naturally  appear  with  the  extension  of  the  trade  and  the 
local  rivalry  among  employers.  With  this  development  it 
was  not  possible  for  the  locals  to  remain  apart.  The  first  coming 
together  was  of  an  informal  character,  for  the  purpose  of  con- 
ferences and  discussions  of  a  common  policy,  with  the  locals  free 


112    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

to  accept  or  reject  the  conclusions.  The  necessities  of  the  case 
soon  made  these  conferences  of  increasing  importance.  The 
next  step  that  has  been  pointed  out  is  the  exchange  of  member- 
ship. This  grew  out  of  the  increasing  tendency  of  members  to 
seek  work  farther  away  from  home.  The  advantages  of  this  ex- 
change soon  became  evident.  Growing  very  naturally  out  of 
these  exchanges  was  the  necessity  for  some  uniformity  in  the 
membership  requirements.  This  we  are  told  was  the  next  step 
toward  amalgamation.  In  this  way,  taken  of  course  in  outline 
only,  the  locals  became  more  clearly  aware  of  the  importance  of 
a  closer  union  among  the  locals  of  the  same  trade,  first  in  neigh- 
boring communities  and  later  covering  wider  areas.  In  this 
way,  it  may  be  assumed,  the  nationals  were  made  out  of  the 
existing  locals.  Yet  this  does  not  explain  in  full  the  relations 
that  now  exist.  There  is  another  side  to  it.  The  larger  union 
has  been  instrumental  in  bringing  into  existence  many  of  the 
present  locals.  These  have  not  the  traditions  of  separate  exist- 
ence and  are  not  so  insistent  upon  a  large  degree  of  "home  rule." 
The  analogy  is  helpful,  if  one  thinks  of  the  attitude  of  the  original 
thirteen  states  and  the  new  states  of  the  union  toward  the  ques- 
tion of  "states  rights."  These  new  locals,  in  many  cases,  are 
relatively  so  numerous  that  it  is  quite  correct  to  speak  of  the 
union  as  the  parent  of  the  locals. 

Relation  to  the  Union.  —  Any  group  of  laborers,  it  is  true, 
may  form  an  organization.  But  they  cannot  ally  themselves  with 
a  larger  organization  in  their  trade  without  conforming  to  cer- 
tain specific  requirements.  These  are  laid  down  by  the  trade 
union  in  session  in  its  convention  and  are  enforced  by  its  ad- 
ministrative officers.  Thus  the  local  must  in  a  sense  surrender 
a  part  of  its  autonomy  if  it  is  to  become  affiliated  with  a  national 
or  international  organization.  This  many  local  societies  refuse 
to  do  and  they  remain  isolated  societies,  self-governing  but 
without  an  influence  commensurate  with  the  needs  of  the  day. 
The  nature  of  the  trade  determines  largely  whether  local  soci- 
eties form  nationals  or  not.  If  trade  associations  took  only  this 
form  there  would  be  to-day,  as  there  was  in  the  earlier  days,  no 
trade  union  movement.  Even  is  this  more  true  since  in  recent 
times  the  small  societies  can  exercise  much  less  influence  than 
their  predecessors  did.  The  newer  local  societies,  having  been 
brought  into  existence  through  the  efforts  of  the  national  society, 


THE  AMERICAN  TRADE  UNION  113 

have  not  this  feeling  and  they  readily  and  naturally  become 
united  with  the  larger  organization  of  the  trade. 

Charters :  Membership.  —  The  first  step  in  becoming  a  local 
allied  with  a  national  is  to  secure  the  charter.  Charters  are 
granted  by  the  international  executive  board  to  those  who  make 
application  in  the  proper  form.  This  will  all  be  attended  to, 
of  course,  by  the  organizer  whose  special  work  it  is  to  prepare 
the  new  members  for  their  organization.  The  number  for  a 
new  local  must  generally  be  not  less  than  seven.  In  some  cases 
ten,  or  even  more,  is  the  minimum  number  of  charter  members. 
In  case  there  is  already  a  local  of  the  trade  in  a  city,  its  consent 
to  the  admission  of  the  new  society  must  be  obtained.  This  is 
intended  to  prevent  friction  through  the  formation  of  rival 
locals  or  the  possibility  of  factions  withdrawing  to  set  up  an  in- 
dependent society.  This  factional  fighting  is  not  uncommon, 
but  under  the  present  regulations  the  new  society  must  either 
"go  it  alone"  or  ally  itself  with  some  other  organization  than  the 
national  of  its  own  trade.  This  is  by  no  means  an  impossible 
thing,  as  will  be  shown  later.  There  are  often  reasons  why  it  is 
better  that  there  should  be  more  than  one  local  in  some  trades 
and  in  some  cities.  With  this  provision  in  force  such  subdivision 
can  be  carried  on  in  a  friendly  way  and  prevent  the  loss  of  ad- 
vantage that  otherwise  comes.  The  terms  of  the  charter  fix 
the  form  of  organization  that  the  new  local  must  take  and  es- 
tablish its  relation  with  the  union,  with  the  sub-district  unit 
and  with  other  locals  in  the  union.  After  the  charter  is  secured 
the  local  is  "established."  Members  may  then  be  added  who 
conform  with  the  union's  requirements  for  membership.  Ac- 
tivity in  the  trade  is  the  first  essential.  Unlike  the  earlier 
societies  the  skill  required  to  engage  in  the  work  of  the  trade 
must  be  shown,  the  ability  must  be  sufficient  to  earn  the  stand- 
ard wage  paid  to  the  craft  in  the  locality.  The  age  requirement 
shows  considerable  variation,  while  some  unions  discriminate 
on  race  and  others  on  sex.  These  latter  considerations  are  of 
force  in  a  trade  where  the  nature  of  the  work  and  the  section 
of  the  country  offer  reasons  that  are  sufficient.  The  Order 
of  Railway  Conductors  needs  no  sex  requirement  but  on  the 
matter  of  race  it  establishes  the  regulation  that  admits  only 
white  male  persons  who  are  actually  employed  as  conductors. 
The  Order  of  Railway  Telegraphers  opens  its  membership  to 


114    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

any  white  person  of  good  moral  character  who  is  eighteen  years 
of  age  or  over  and  is  actually  employed  in  the  trade.  The  Re- 
tail Clerks'  International  Protective  Association  accepts  any 
person  regardless  of  sex  between  the  ages  of  sixteen  and  fifty. 
Thus  it  is  obvious  that  the  nature  of  the  trade  is  the  leading 
factor  in  determining  the  nature  of  the  membership.  Given  the 
name  of  the  union  it  would  be  generally  possible  to  guess  with  a 
fair  chance  of  success  what  the  membership  requirements  will  be. 
That  there  are  other  requirements  than  these  more  general  ones 
is  evident  from  the  fact  that  members  on  voting  on  a  candidate 
may  use  the  "black  ball."  This  is  not  always  used  in  its  sim- 
plest form,  however.  One  instance,  at  least,  of  a  more  complex 
use  of  this  means  of  rejection  is  in  vogue.  If  the  committee  on 
membership  unanimously  reports  unfavorably  on  a  candidate 
the  matter  is  closed.  If  not,  the  members  ballot.  Three  or 
more  black  balls  reject  the  candidate.  If,  however,  two  black 
balls  are  voted  the  ballot  is  taken  again.  If  for  the  second  time 
two  black  balls  appear  the  candidate  is  rejected.  If  on  either  the 
first  or  second  ballot  less  than  two  black  balls  appear  the  candi- 
date is  elected. 

Initiation  Fees :  Dues.  —  Initiation  fees  are  very  diverse.  In 
some  of  the  constitutions  the  amount  of  the  fee  is  fixed.  Some 
establish  a  constitutional  maximum  or  minimum  limit,  or  both, 
as  for  instance  between  $10  and  $25.  Sons  of  members,  if 
between  the  ages  of  14  and  17,  for  example,  may  be  admitted 
at  half  rates.  Initiation  fees  do  not  always  remain  with  the 
local.  The  proportion  of  the  division  is  determined  by  the 
central  authority.  Effort  is  made  to  keep  all  these  as  nearly 
uniform  as  possible.  The  locals  are  allotted  only  enough  to 
meet  local  expenses.    The  balance  goes  to  the  general  fund. 

Freedom  of  Local.  —  In  all  matters  where  the  interests  are 
general  the  central  body  through  its  administrative  officers 
and  executive  board  exercises  a  very  real  control  over  locals. 
Within  this  limitation,  however,  the  members  have  consider- 
able scope  of  action.  Their  officers  they  choose  for  themselves, 
they  have  their  regular  meetings  and  transact  purely  local  busi- 
ness as  they  may  wish.  Their  discretion  in  fixing  dues,  fees  and 
fines  is  large  and  the  disciplining  of  members  is  quite  entirely 
in  their  own  hands  usually  with  a  reserved  privilege  of  appeal. 
They  must  maintain  certain  standing  committees,  such,  for 


THE  AMERICAN  TRADE  UNION  115 

instance,  as  committees  on  grievances,  on  wages,  on  concilia- 
tion, and  if  there  be  any  form  of  benefit  fund,  as  there  so  fre- 
quently is,  there  must  be  a  regular  system  for  collecting  the 
funds.  The  officers,  though  chosen  by  the  locals,  are  required 
to  report  to  the  union  headquarters  the  condition  of  their 
respective  locals.  These  reports  generally  consist  in  filling  in 
standardized  blanks  sent  out  from  headquarters  and  calling 
for  such  information  as  to  membership  and  conditions  of  or- 
ganization as  experience  may  have  shown  to  be  desirable.  Thus 
the  information  is  uniform  and  easily  compiled  at  headquarters 
into  general  statements.  As  a  typical  equipment  of  officers 
for  a  local  the  following  list  will  serve.  President,  vice  presi- 
dent, recording  secretary,  financial  secretary,  treasurer,  sentinel, 
conductor,  three  trustees  (usually  so  chosen  as  to  be  a  contin- 
uous body),  an  executive  board  of  five  members,  an  auditing 
committee  of  three,  and  a  label  committee  of  the  same  number. 
All  these  are  elected  annually. 

District  Unit.  —  Between  the  national  organization  on  the 
one  hand  and  the  local  on  the  other  has  developed  the  division 
or  district  unit,  a  connecting  link  that  has  not  the  independent 
character  of  the  latter  nor  the  authoritative  control  of  the 
former.  It  is  the  direct  outcome  of  the  growth  of  the  larger 
unions,  necessary  as  an  aid  in  administrative  and  judicial  ac- 
tivity. These  have  but  little  that  is  distinctive  in  character. 
Created  directly  to  meet  a  practical  need  their  form  is  expressly 
provided  in  the  constitution  and  their  powers  limited  to  those 
that  the  document  directly  confers  upon  them.  They  are 
made  up  of  delegated  members  chosen  from  the  locals  of  a 
limited  contiguous  territory.  Matters  of  comparatively  minor 
importance  may  be  referred  to  them  for  consideration,  and 
even  for  final  disposal  subject  to  possible  appeal  to  the  national 
body.  Uniform  wage  scales  for  local  areas  are  often  determined 
by  these  bodies.  Differences  of  opinion  between  locals  and 
employers,  when  open  disturbance  would  be  more  far  reaching 
in  its  effect  than  the  limits  of  a  single  local,  must  be  referred 
to  the  subdivision  before  final  action  is  taken.  In  the  judicial 
activity  cases  may  be  referred  to  them,  as  to  a  court  of  appeals, 
with  the  privilege  of  carrying  the  case  up  to  the  supreme 
court  of  the  union,  if  it  cannot  be  satisfactorily  adjusted  other- 
wise.   The  tendency  in  the  larger  unions  is  to  make  these  sub- 


n6    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

divisions  state  wide  in  their  jurisdiction.  The  meetings  will 
be  rather  frequent,  sometimes  quarterly  and  sometimes  annually. 
Among  organizations  of  railroad  laborers  the  unit  for  this  form 
of  organization  is  generally  a  line  of  railroad.  The  Railway 
Telegraphers  have  their  system  divisions. 

The  Referendum:  Amendments.  —  The  referendum  has 
been  developed  by  trade  unions  into  an  elaborate  instrument  for 
recording  the  popular  will  of  the  membership.  In  some  direc- 
tions it  seems  to  be  superseding  the  work  of  the  conventions. 
Practically  all  of  the  great  unions  provide  for  this  method  of 
voting.  It  is  used  in  particular  for  the  accomplishment  of  two 
distinct  ends.  One  of  these  is  for  the  amendment  of  the  consti- 
tution. In  its  simpler  form  it  is  used  to  ratify  amendments 
proposed  or  endorsed  by  the  convention.  In  such  cases  the 
resolutions  for  amendment  are  printed  within  a  certain  time 
limit  after  the  convention  adjourns,  sent  to  all  the  locals  with 
instructions  to  return  the  vote  within  a  given  time  again  set  by 
the  law  of  the  union.  These  returns  are  then  compiled  and 
the  results  announced  from  headquarters.  While  in  the  earlier 
form  of  organization  it  was  usual  to  vote  upon  amendments 
in  the  convention  making  no  use  at  all  of  the  referendum,  there 
are  now  cases  where  all  amendments  in  whatever  way  proposed 
cannot  have  a  final  endorsement  in  any  other  way  than  by 
referendum  vote.  The  only  weight  that  the  convention  carries 
in  such  cases  is  the  influence  that  its  endorsement  may  have  when 
the  members  come  to  decide  for  themselves.  In  cases  where 
annual  conventions  are  not  held  it  has  been  necessary  to  make 
more  general  use  of  this  method.  In  such  cases  the  initiative 
is  added  to  it.  Amendments  may  be  proposed  by  any  local. 
Then  they  must  be  endorsed  by  a  prescribed  number  of  locals 
as,  in  the  case  of  a  large  union,  forty  not  more  than  five  of 
which  may  be  in  any  one  state.  With  this  provision  for  initia- 
tive complied  with,  the  referendum  vote  will  be  taken.  Amend- 
ments thus  proposed  must  ordinarily  receive  a  majority  (some- 
times two-thirds)  of  all  the  votes  cast,  provided  a  designated 
minimum  of  all  the  members  vote. 

The  Referendum:  Election  of  Officers.  —  The  second  gen- 
eral use  of  the  referendum  is  for  the  election  of  officers.  Nomina- 
tions are  made  by  locals.  The  following  requirements  may 
be  regarded  as  typical.     Locals  nominate  by  majority  vote, 


THE  AMERICAN  TRADE  UNION  117 

each  local  being  privileged  to  nominate  one  candidate  for 
each  elective  office.  These  nominations  are  then  sent  to  the 
national  secretary.  From  these  communications  the  list  of 
nominees  is  prepared  and  published  in  the  official  journal  of 
the  union.  The  five  who  have  been  supported  by  the  largest 
number  of  locals  for  each  office  become  the  nominees,  provided 
that  candidates  for  the  office  of  president  and  secretary  have 
at  least  thirty  endorsers  and  all  other  candidates  have  at  least 
ten  each.  The  election  is  then  held,  the  voting  being  for  the 
candidates  who  have  been  nominated  in  accordance  with  this 
plan.  For  officers  other  than  president  and  secretary  the  nomi- 
nees having  the  highest  number  of  votes  are  declared  elected. 
For  the  two  named  offices  the  candidates  must  receive  a  major- 
ity of  all  votes  cast.  In  case  no  one  receives  a  majority,  a  second 
election  is  held  to  choose  between  the  two  candidates  receiving 
the  highest  number  of  votes.  In  some  unions  the  referendum 
is  used  for  other  purposes  than  these  two.  Laws  involving 
an  increase  of  taxation  must  in  some  unions  be  submitted  by 
referendum  vote.  Measures  initiated  by  the  executive  board 
may  be  thus  referred.  In  some  cases  the  referendum  is  coupled 
with  the  initiative  in  general  legislation,  fifty  locals,  or  some 
other  fixed  number,  being  sufficient  to  require  action. 

The  Referendum :  Its  Value.  —  Experience  with  the  referen- 
dum has  tended  to  reduce  somewhat  the  optimism  of  those  who 
have  been  its  most  persistent  advocates.  In  cases  of  general 
interest  it  is  not  difficult  to  poll  a  large  vote  in  the  locals.  If 
it  be  to  determine  some  question  relating  to  a  strike  the  vote 
will  be  generally  large.  Any  other  question  that  touches  di- 
rectly the  interests  of  the  rank  and  file  will  call  out  a  large 
vote.  Constitutional  questions  seldom  poll  a  large  vote.  Even 
elections  for  the  choice  of  officials  show  a  light  vote  with  the 
exception  of  those  locals  from  which  the  candidates  are  chosen. 
It  has  been  necessary  to  place  the  percentage  of  voters  actually 
voting  very  low  in  order  to  secure  the  passage  of  any  legislation 
at  all  by  this  method.  So  striking  has  the  apparent  neglect 
become  that  it  has  even  been  suggested  by  some  leaders  that 
it  may  be  a  good  policy  to  fine  all  members  who  do  not  vote 
on  any  measures  submitted  to  locals  for  their  consideration. 
The  referendum  plan  of  voting  was  called  into  operation  to 
meet  the  difficulty  of  minority  voting.    Experience  would  in- 


Il8    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

dicate  that  the  plan  does  not  realize  all  that  its  advocates  hoped 
for. 

Conclusion.  —  This  is  in  general  terms  the  outline  of  govern- 
ment that  the  trade  unions  of  America  have  adopted.  It  has 
evolved  out  of  the  necessity  of  the  case  and  is  not  to  be  regarded 
as  in  any  sense  a  permanent  structure.  The  form  is  constantly 
changing,  though  slowly  and  at  differing  paces  in  different 
unions.  There  are  clear  evidences  of  greater  uniformity  as 
experience  reveals  the  superiority  of  some  forms  over  others. 
Natural  selection  is  awarding  the  prize  of  relative  permanency 
to  the  form  that  best  meets  the  needs  of  the  time.  Others 
copy  the  strong  points  or  are  worsted  in  the  struggle.  This 
tendency  toward  uniformity  is  not  without  its  definite  limita- 
tions, however.  Varying  conditions  of  different  trades  will  of 
necessity  cause  variations  in  form.  Women  in  industry  will 
mean  women  in  unions.  High  degrees  of  skill  will  naturally 
lead  to  high  fees  and  somewhat  exclusive  membership.  Changes 
in  division  of  labor  will  affect  the  membership  requirements. 
There  will  remain  variety  in  the  midst  of  uniformity  as  each 
organization  seeks  to  meet  the  general  demands  of  labor's 
interests  and  at  the  same  time  the  specific  requirements  of  a 
particular  trade.  Though  there  is  evident  increasing  uniformity 
and  a  slow  approach  to  a  type,  it  must  not  be  understood  that 
this  type  will  be  permanent.  No  type  of  labor  organization 
has  acquired  permanency  and  it  is  not  probable  that  any  one 
will.  Relative  permanency  is  not  only  the  only  fact  that  is 
apparent  but  it  is  the  only  thing  that  is  desirable.  Stagnation 
would  follow  upon  cessation  of  change.  That  there  is  little 
danger  of  this  is  only  too  apparent  to  one  who  sees  the  newer 
types  that  are  already  beginning  to  appear.  Though  of  great 
consequence  these  do  not  yet  belong  to  a  description  of  what 
is,  and  so  do  not  come  in  for  consideration  at  this  time. 

Any  study,  based  only-  on  the  printed  constitutions,  can 
give  but  a  partial  idea  of  the  real  organization.  These  docu- 
ments are  amended  with  comparative  ease,  and  sometimes 
the  departure  from  their  requirements  is  not  very  summarily 
dealt  with.  Results  are  of  large  importance  and  if  they  are 
secured,  the  legality  of  the  means  is  not  always  very  carefully 
scrutinized.  "To  a  certain  extent,"  says  John  Mitchell,  "the 
formal  written  constitution  of  a  trade  union  is  rather  a  state- 


THE  AMERICAN  TRADE  UNION  1 19 

ment  of  principles  and  a  formulation  of  the  present  policy  of 
the  union  than  a  hard  and  fast  determination  of  its  future 
laws."  With  the  more  conservatively  directed  unions,  this 
is  net  so  often  the  case.  Age  in  unionism  quite  generally  leads 
to  greater  respect  for  the  laws  of  unionism  even  when  it  may 
mean  the  loss  of  some  immediate  object. 


CHAPTER  VIII 
TRADE   UNION   STATISTICS 

A  complete  and  accurate  statement  of  the  numbers  connected 
with  unions  is  difficult  to  make.  Until  within  the  last  decade  a 
guess  was  the  nearest  possible  approach.  Within  that  time  more 
accurate  information  has  appeared.  Unions  have  adopted  the 
method  of  reporting  only  those  members  whose  dues  are  paid 
up.  This  regulation  has  been  brought  about  largely  by  the 
central  authorities.  Voting  strength  as  shown  by  conventions 
and  referendums  as  well  as  claims  on  benefit  funds  have  been 
made  dependent  upon  paid-up  memberships.  Names  in  arrears 
are  automatically  dropped  from  the  rolls  in  accordance  with  the 
rules  of  the  nationals.  This  method  of  keeping  a  membership 
account  has  contributed  greatly  to  the  accuracy  of  trade-union 
statistics.  Yet  it  must  be  recognized  that  a  considerable  margin 
of  inaccuracy  still  remains.  In  spite  of  the  fact  that  all  figures 
must  be  taken  as  approximate  only,  they  must  be  admitted  to 
have  an  importance  that  is  not  to  be  overlooked. 

More  recently  the  departments  of  labor  in  some  of  the  states 
have  undertaken  to  compile  these  statistics  so  that  they  are  not 
only  more  available  than  formerly  but  also  more  nearly  accu- 
rate. 

GENERAL  DATA 

From  the  last  statement  of  the  New  York  State  Bureau  of 
Statistics  and  Information  it  is  learned  that  there  were  in  19 13 
a  total  of  2,604,701  unionists  reported  in  the  United  States 
and  149,577  m  Canada,  making  a  total  for  North  America  of 
2,754,278.  Most  of  these  belonged  to  international  unions.  As 
the  figures  are  from  the  official  reports  of  paid-up  memberships, 
they  may  fairly  be  regarded  as  a  minimum. 

The  first  of  these  reports  was  made  for  the  year  19 10  and  was 
an  estimate  only.  The  total  for  America  was  then  placed  at 
2,625,000.     That  this  was  an  overestimate  appears  from  the 

120 


ig  1 1 

1912 

1913 

2,162,926 

2,389,723 

2,604,701 

I33.I32 

l6o,I20 

149,577 

TRADE  UNION  STATISTICS  121 

more  reliable  reports  used  in  the  following  years  based  on  paid- 
up  membership  as  reported  by  the  officials  of  the  unions.  The 
accompanying  table  shows  the  changes  for  the  four  years. 

1910 

United  States 

Canada 

Total  for  America 

(estimated) 2,625,000     2,296,058     2,549,843     2,754,278 

These  more  accurate  data  make  earlier  estimates  seem  quite 
improbable,  though  they  appear  to  have  conveyed  the  reliable 
opinion  of  the  day.  In  1864  the  total  membership  of  labor 
organizations  was  estimated  at  200,000.  In  1903  John  Mitchell 
asserted  that  there  were  probably  at  that  time  2,250,000  trade 
unionists  in  the  United  States.  Speaking  in  the  annual  report  of 
19 1 2,  President  Perkins  of  the  Cigar  Makers  Union  said  that 
thirty-five  years  before  that  time  there  were  probably  not  over 
40,000  organized  workmen  in  the  United  States  as  against 
2,300,000  at  the  time  of  the  report. 

Grouped  according  to  trades  and  arranged  so  as  to  show  the 
membership  for  each  trade  group,  the  result  is  as  follows: 

Groups  of  Trades  Total  Membership 

Mines  and  quarries 423,300 

Building  and  stone  work 543,460 

Metal,  machinery  and  shipbuilding 248,092 

Woodworking  and  furniture 25,910 

Textiles  and  clothing 240,964 

Glass,  pottery,  paper  and  leather 43,47° 

Printing  and  binding 101,522 

Transportation ; .  667,845 

Food,  liquor  and  tobacco 103,900 

Restaurants  and  trade 120,727 

Theaters  and  music 86,627 

Miscellaneous 148,461 


Total 2,754,278 

The  number  of  members  in  unions  at  the  present  time  cannot 
be  accurately  stated,  because  of  the  inadequacy  of  the  records 
kept  by  many  locals  and  the  difficulty  of  gathering  the  data 
from  those  who  do  keep  the  more  careful  records.    The  most 


122     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

recent  reliable  estimate  is  that  made  by  Professor  Barnett  for 
the  Commission  on  Industrial  Relations.  "It  may  be  roughly 
estimated,"  says  the  report,  "that  in  manufacturing,  mining, 
transportation  and  the  building  industries,  if  the  proprietary, 
supervisory,  official  and  clerical  classes  are  excluded,  twenty-five 
per  cent  of  the  workers  twenty-one  years  of  age  and  over  are 
trade  unionists."  Further  it  is  stated  that  the  number  of  trade 
unionists  is  steadily  increasing  relative  to  the  working  popula- 
tion, in  spite  of  the  opposition  to  unionism  manifested  by  the 
larger  corporations  and  the  employers'  associations. 

NON-FEDERATED  UNIONS 

Of  the  unions  that  still  remain  outside  of  the  Federation,  by 
far  the  largest  group  is  that  of  railway  employees.  There  are 
eight  unions  with  a  total  membership  of  373,339.  Of  these  the 
largest  is  the  Brotherhood  of  Railroad  Trainmen,  numbering 
133,884.  The  Brotherhood  of  Locomotive  Firemen  and  Engine- 
men  has  88,840  members;  the  Brotherhood  of  Locomotive 
Engineers,  68,890;  the  Order  of  Railway  Conductors,  45,782. 
The  other  four  unions  are  the  Car  Workers,  the  Signalmen,  the 
Station  Agents  and  the  Station  Employees. 

Outside  of  the  railway  orders  the  largest  unaffiliated  union  is 
the  Bricklayers,  Masons  and  Plasterers  Union,1  having  a  total 
membership  of  82,298.  There  are  four  other  unions  each  with  a 
membership  of  20,000  or  over  that  have  not  affiliated.  These 
are  the  Letter  Carriers;  State,  City  and  Town  Employees;  Post 
Office  Clerks;  the  Electrical  Workers  (dissenting  branch). 
The  four  have  a  combined  membership  of  103,145. 

NUMBER   AND  DISTRIBUTION   OF   LOCALS 

While  it  is  evident  that  the  number  of  locals  varies  greatly  in 
the  different  unions,  it  is  not  easy  to  state  the  exact  number  for 
each.  The  universality  of  the  trade  will  be  the  determining 
factor,  of  course,  and  such  trades  as  the  printers,  the  carpenters 
and  the  masons  will  have  a  large  number  of  locals  as  well  as  a 
large  membership,  while  trades  like  the  granite  cutters,  diamond 

xAs  this  material  is  in  press,  the  announcement  is  made  that  this 
union  is  about  to  affiliate  with  the  A.  F.  of  L. 


TRADE  UNION  STATISTICS  123 

workers,  or  powder  workers  will  be  comparatively  small.  In 
the  Twenty-Third  Annual  Report  of  the  United  States  Com- 
missioner of  Labor  (1908)  is  a  study  from  which  it  appears  that 
in  73  unions  there  was  a  total  of  17,235  locals;  16,299  being  in 
the  United  States  and  936  in  Canada.  The  average  number  of 
locals  for  the  entire  73  unions  was  236,  for  the  number  in  the 
United  States  the  average  was  223,  leaving  an  average  of  13 
locals  in  Canada.  There  were  22  unions  that  had  no  locals 
outside  of  the  United  States.  Deducting  this  number  from  the 
list,  it  leaves  18  as  the  average  number  for  Canada  among  the 
unions  that  have  any  locals  there  at  all. 

The  variety  and  distribution  of  the  locals  may  be  shown  by  a 
few  cases  taken  as  illustrative.  The  United  Textile  Workers 
had  (August,  191 5)  a  total  of  195  locals,  two  of  which  were  in 
Canada.  These  were  distributed  throughout  17  states  of  the 
union  in  addition  to  the  ones  in  Canada.  The  Typographical 
Union  shows  also  a  large  local  list.  In  48  states  there  were  620 
locals.  The  District  of  Columbia  had  one,  making  621  within 
the  United  States.  Hawaii,  the  Philippines  and  Porto  Rico 
had  one  each,  and  Canada  had  45.  In  addition  to  these  there 
were  19  German- American  locals,  37  locals  of  mailers,  6  of 
newspaper  writers,  and  1  of  type  founders.  These  aggregated 
732  locals,  all  of  which  were  members  of  the  international. 
These  were  joined  into  196  allied  printing  trades  councils  and  18 
state  and  district  organizations.  (Report  of  Secretary,  1914.) 
The  Bricklayers,  Masons  and  Plasterers  had  (June,  191 5) 
a  total  of  945  locals.  Of  these,  883  were  scattered  throughout 
all  the  48  states  and  the  District  of  Columbia,  and  62 
were  in  Canada.  These  were  joined  in  23  state  and  provincial 
conferences.  The  Molders  Union  had  (July,  1915)  410  locals. 
One  was  in  Panama,  32  in  Canada,  and  the  remaining  377  were 
in  40  states  of  the  union.  The  International  Association  of 
Machinists  (July,  191 5)  had  819  locals;  754  in  48  states  and  the 
District  of  Columbia,  63  in  Canada  and  2  in  Panama.  The 
Cigar  Makers  Union  (June,  1915)  had  490  locals,  of  which  449 
were  in  43  states  and  the  District  of  Columbia,  23  in  Canada, 
one  in  Cuba  and  17  in  Porto  Rico.  The  United  Brotherhood 
of  Carpenters  and  Joiners  (Sept.,  1915)  had  1,898  locals,  141 
district  councils,  18  state  and  provincial  bodies,  all  joined  in  the 
international.    These  locals  were  scattered  through  all  of  the 


124    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

states  and  territories,  the  Hawaiian  Islands,  Porto  Rico  and 
Canada.  There  are  7  general  districts  in  this  union,  each  with 
a  member  on  the  executive  board  of  the  union.  The  membership 
within  these  districts  was  as  follows:  54,998;  28,777;  49>°25> 
7,528  (Southern  states) ;  24,148;  32,121 54,105  (Canada). 

VARIATIONS   IN  MEMBERSHIP 

That  there  is  continual  variation  in  the  membership  becomes 
evident  upon  a  study  of  the  official  reports  of  the  various  or- 
ganizations. Locals  are  continually  being  formed  while  others 
are  dropping  out  or  being  officially  dropped  by  the  general  officers. 
The  facts  showing  this  are  numerous,  yet  no  general  com- 
pilation can  be  made  that  would  be  comprehensive.  The  Car- 
penters and  Joiners  reported  in  1908  a  total  of  1,906  locals 
with  a  membership  in  good  standing  of  178,503.  Two  years 
later  the  number  of  locals  was  1,825  and  the  total  membership 
was  200,712.  To  these  facts  are  added  in  the  report  the  state- 
ments that  724  members  are  paid  up  but  whose  locals  owe  more 
than  three  months'  tax  and  are  not  in  good  standing;  and  30,710 
members  with  dues  over  three  and  under  six  months  in  arrears. 
These  are  not  included  in  the  total  paid-up  membership  stated 
above. 

The  reports  of  the  Cigar  Makers  Union  show  the  variation  in 
that  trade.    On  September  first,  191 2,  the  conditions  were: 

Number  of  unions  in  good  standing,  1901 414 

Number  of  unions  organized  since  that  date 192 

Total 606 

Number  of  unions  dissolved  or  suspended,  since  1901 118 

Number  of  unions  in  good  standing,  Sept.  1st,  191 2 488 

Net  increase  since  Sept.,  1901 74 

The  growth  of  this  union  appears  further  from  the  following 
table: 


TRADE  UNION  STATISTICS 


125 


Sept. 

Year  Locals  Membership 

1877 17 

1879 35 2,729 

1880 74 4,440 

1881 126 14,604 

1882 11,430 

1883 183 13,214 

1884 11,871 

1885 191 1 2,000 

1886 24,672 

1887 259 20,566 

1888 17,199 

1889 270 17,555 

1890 24,624 

1891 291 24,221 

1892 26,678 

1893 316 26,788 

1894 27,828 

1895 27,760 


Sept. 
Year 

1896 

1897 
1898 
1899 
I9OO 
19OI 
1902 
1903 
1904 

I90S 
1906 
1907 
1908 
1909 
I91O 
I9II 
1912 


Locals  Membership 

350 27,318 

26,347 

26,460 

28,994 

33,955 

414 33,974 

37,023 

39,301 

41,536 

40,075 

39,25o 

4i,337 

40,354 

44,414 

43,837 

42,107 

488 41,500 


Variations  in  membership  are  very  general.  But  few  unions 
escape  this  experience.  There  is  no  regularity  in  these  variations, 
as  the  forces  that  cause  them  are  irregular,  varied  and  complex. 
The  tables  on  pages  126  and  127  show  these  changes.  It  will 
appear  that  for  many  there  is  a  fairly  constant  gain,  for  others 
there  is  considerable  irregularity,  while  for  a  few  the  figures  of 
membership  remain  comparatively  constant. 


NEW   YORK   STATE 

The  New  York  State  Department  of  Labor  has  published  data 
that  show  very  clearly  the  development  of  organized  labor  in 
that  state.  From  these  figures  the  accompanying  tables  will 
indicate  the  conditions  of  growth;  including  the  increase  in  the 
number  of  locals  in  New  York  City  and  in  the  rest  of  the  state 
for  each  year  and  the  increase  in  membership  for  the  same  sec- 
tions of  the  state. 


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128    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 
NUMBER  OF  ORGANIZATIONS 

(September,  19 15) 

Year  New  York  City 

1898 44O 

1899 477 

1900 502 

I90I 515 

1902 579 

1903 653 

1904 670 

1905 667 

1906 678 

1907 712 

1908 704 

1909 690 

1910 722 

1911 736 

1912 693 

1913 760 

1914 763 


Year  New  York  City 

1898 125,429 

1899 141,687 

I900 154,504 

1901 174,022 

I9°2 198,055 

1903 244,212 

I904 254,719 

I905 251,277 

1906 260,008 

1907 286,180 

I908 239,538 

I909 243,157 

I9IO- 337,509 

I9II 357,071 

1912 377,709 

1913 491,793 

1914 431,998 


Remainder 

Per  Cent 

of  State 

Total 

Gain  +  or  Loss  — 

647 

1,087 

843 

1,320 

233  + 

1,133 

1,635 

315  + 

1,356 

1,871 

236  + 

1,650 

2,229 

358  + 

1,930 

2,583 

354  + 

1,834 

2,504 

79  — 

i,735 

2,402 

102  — 

i,742 

2,420 

18  + 

1,785 

2,497 

77  + 

1,740 

2,444 

53  — 

1,669 

2,359 

85- 

i,735 

2,457 

98  + 

1,762 

2,498 

41  + 

1,776 

2,469 

29  — 

1,883 

2,643 

174  + 

1,854 

2,617 

26  — 

MEMBERSHIP 

(September,  191 5) 

Remainder 

Per  Cent 

of  State 

Total 

Gain  +or  Loss — 

45,638 

171,067 

67,333 

209,020 

22.2  + 

90,877 

-r5,38l 

17-4  + 

102,119 

276,141 

I2-5  + 

131,046 

329,101 

19.2  + 

151,386 

395,598 

20.2  + 

136,957 

391,676 

I  .O — 

131,959 

383,236 

2.2 — 

138,486 

398,494 

4.0  + 

150,612 

436,792 

9-6  + 

132,921 

372,459 

I4.7— 

129,572 

372,729 

O.I  + 

144,415 

481,924 

29-3  + 

147,243 

504,3H 

46  + 

148,963 

526,672 

4-4  + 

173,455 

665,248 

26.3  + 

163,826 

595,824 

10.4 — 

TRADE  UNION  STATISTICS 


129 


NUMBER   OF  UNIONISTS,  CLASSIFIED   IN  OCCUPATIONS 

(September,  191 5) 

Trades  1898              1903  1908  1913 

Building,  stone  work,  etc 59,676  110,173  120,010  138,738 

Transportation 19,065       63,791  68,000  93,995 

Clothing  and  textiles 26,444      4°, 981  31,409  226,528 

Metals,  machinery,  etc 11,621       48,230  28,830  37,452 

Printing,  binding,  etc i5,°9Q       23,915  25,181  3°,73° 

Wood  working  and  furniture .  .  4,468       16,916  10,194  14,762 

Food  and  liquors 6,469       15, 757  *4,753  17,995 

Theaters  and  music 9,346      11,674  16,955  26,607 

Tobacco 8,889       12,435  I:[,523  10,217 

Restaurants,  trade,  etc 3,228       14,828  10,636  28,705 

Public  employment 1,880        9,753  i5,°97  18,304 

Stationary  engine  tenders 3,738       11,166  11,984  11,655 

Miscellaneous 1,153       15,979  7,887  9,560 

Total 171,067  395,598  372,459  665,248 


Of  the  27  cities  in  New  York  State  with  1,000  or  more  popula- 
tion, only  4  showed  a  decrease  in  the  number  of  locals  in  19 13 
compared  with  19 12,  and  but  4  suffered  a  loss  of  union  members. 
In  but  2  was  there  loss  in  both  the  number  of  locals  and  the 
membership.  The  total  loss  in  membership  was  1,933  and  the 
gain  was  139,322,  making  a  net  gain  of  137,389.  While  there  was 
a  total  loss  of  5  locals,  there  was  a  total  gain  of  153.  As  pre- 
viously shown,  the  gain  in  locals  for  the  state  was  174  and  in 
membership  138,576. 

Further  evidence  of  centralization  appears  from  an  examina- 
tion of  the  9  largest  cities  of  the  state.  In  1910  these  9  cities, 
having  65  per  cent  of  the  state's  population,  had  87  per  cent  of 
the  trade  unionists  of  the  state,  leaving  but  13  per  cent  of  the 
unionists  in  the  remaining  35  per  cent  of  the  population.  In 
1913  the  percentage  of  union  membership  in  these  9  cities  had 
increased  to  90.  Of  these  cities,  New  York  with  52  per  cent  of 
the  population  had  70  per  cent  of  the  union  men,  in  1910. 

Further,  it  is  shown  that  in  every  industry  there  was  a  gain  in 
membership,  and  in  all  but  the  tobacco  industry  there  was  a 
gain  in  the  number  of  unions. 

All  these  results  must  be  understood  to  be  net,  for  there  were 
losses  as  well  as  gains.     For  example,  in  transportation  there 


130    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

were  large  gains  in  spite  of  a  loss  of  2,000  members  mainly  in 
the  navigation  branch. 

During  the  year  1913  one  new  local  at  least  was  formed  in 
each  of  13  different  trades  or  branches  of  trades,  a  total  of  292 
locals  in  such  trades.  The  number  of  trades  with  a  membership 
of  2,000  or  more  in  the  state  was  increased  by  5,  making  a  total  of 
65  such  trades.  This  is  again  a  net  result,  8  trades  being  added 
to  the  list  and  3  cut  off.  Of  these  65  trades  the  total  membership 
increased  in  54,  decreased  in  10,  and  in  1  remained  stationary. 
Only  2  trades  showed  a  decrease  of  as  much  as  2,000  members. 
Of  the  same  list  of  65  trades,  30  increased  the  number  of  locals, 
27  showed  no  change,  and  8  experienced  a  decrease. 

VARYING  SIZE  OF  UNIONS 

The  strength  of  influence  of  unionism  is  further  indicated  by 
the  large  membership  of  some  of  the  unions.  With  centralized 
management  the  collective  strength  is  greatly  increased  by 
numbers.  The  unity  of  action  gives  added  force.  There  are 
three  unions  each  with  a  membership  of  over  100,000.  These 
are  the  United  Mine  Workers  of  America  (370,800);  the  United 
Brotherhood  of  Carpenters  and  Joiners  of  America  (210,700) 
and  the  Brotherhood  of  Railroad  Trainmen  (133,884). 

Arranged  in  groups  on  the  basis  of  the  reported  membership 
there  appear: 

Unions  Total  Membership 

3        over  100,000 715,384 

n  between  100,000  and  50,000 734,128 

14                   5°,°°°    "    25,000 503,327 

29                   25,000    "    10,000 450,768 

68        "          10,000    "      1,000 275,819 

33  less  than     1,000 25,487 

Of  the  entire  number  listed,  158  unions,  the  median  of  member- 
ship is  5,000. 

THE  AMERICAN   FEDERATION   OF   LABOR 

A  further  indication  of  strength  is  found  in  the  relative  num- 
bers affiliated  with  the  American  Federation  of  Labor.  The  last 
report  of  membership  in  this  organization  at  the  time  of  writing 
was  the  annual  report  made  to  the  convention  in  November, 
1914.    This  shows  a  total  membership  of  2,020,671:  about  73 


TRADE  UNION  STATISTICS  131 

per  cent  of  the  entire  union  membership  of  the  country.  This  can 
be  regarded  as  approximate  only,  for  the  comparison  is  not  for 
the  same  years. 

TABLE   SHOWING  AVERAGE   PAID-UP  AND   REPORTED   MEMBERSHIP  AND 
NUMBER  OF  UNIONS  AFFILIATED  WITH  THE  A.  F.  OF  L.   1897-IQI4 

Year  Membership  Unions    Affiliated 

1897 264,825  55 

1898 278,016  67 

1899 349,422  73 

1900 548,321  82 

1901 787,537  87 

1902 1,024,399  97 

1903 1,465,800  113 

1904 1,676,200  120 

1905 1,494,300  118 

1906 1,454,200  119 

1907 1,538,970  116 

1908 1,586,885  115 

1909 1,482,872  118 

1910 1,562,112  120 

1911 1,761,835  115 

1912 1,770,145  112 

1913 1,996,004  in 

1914 2,020,671  no 

The  average  membership  for  the  official  year  191 5  is  reported 
as  1,946,347,  the  first  decrease  since  1909.  The  largest  average 
monthly  membership  was  for  September,  1915,  when  the  number 
was  1,994,111. 

The  changing  nature  of  the  membership  is  indicated  by  the 
following  statement  from  the  report:  "Sixty-four  national  and 
international  unions  show  an  increase  in  their  average  member- 
ship over  last  year  (1913)  of  90,627  members;  twenty-three 
organizations  show  no  increase;  twenty- three  organizations  show 
a  decrease  of  64,277  members;  and  the  total  membership  of 
directly  affiliated  local  unions  shows  a  decrease  of  1,683  members. 
The  membership  reported  does  not  include  all  the  members  in- 
volved in  strikes  or  lockouts  or  those  who  were  unemployed 
during  the  fiscal  year,  for  whom  tax  was  not  received." 

Supplementing  the  above  table  are  stated  in  the  report  the 
following  facts  for  the  one  year  19 14  as  to  alterations  made  in 


132    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  relations  of  other  unions  in  their  charter  affiliations.  One 
national  union  with  a  membership  of  ten  was  disbanded.  Two 
were  suspended.  These  had  a  combined  membership  of  1,172. 
Of  central  bodies,  eight  were  disbanded  and  one  suspended  for 
non-payment  of  per  capita  tax.  There  were  forty  local  trade 
unions  disbanded;  151  suspended;  five  joined  internationals; 
and  the  charters  of  two  were  revoked.  Of  federal  trade  unions 
fourteen  were  disbanded;  fifty-four  were  suspended  and  three 
joined  internationals. 

The  net  gains  made  by  the  Federation  do  not  indicate  by 
any  means  the  extent  of  the  changes  either  in  the  numbers  or  in 
the  variety  of  the  associations.  The  report  for  19 14  contains 
the  following  table  which  sums  up  the  work  of  the  officials  in  the 
matter  of  charters. 

CHARTERS  ISSUED    1897-IQI4 

Trade  Federal 

Year      Internationals  Departments  State         Central        Unions  Unions         Total 

1897 8  2  18  154  35  217 

1898 9  o  12  129  53  203 

1899 9  1  35  303  101  449 

1900 14  5  96  484  250  849 

1901 7  4  123  575  207  916 

1902 14  6  127  598  279  1,024 

1903 20  3  171  743  396  1,333 

1904 11  5  99  179  149  443 

1905 3  1  67  143  73  287 

1906 6  4  S3  167  87  317 

1907 3  1  72  204  93  373 

1908 o  2             4  73  100  55  234. 

1909 3  2              2  40  77  52  176 

1910 2  o             1  83  152  96  334 

1911 3  o             o  61  207  55  326 

1912 2  1             2  57  149  49  260 

1913 2  1  63  197  59  322 

1914 2  1  44  128  50  225 

That  the  Federation  is  making  the  larger  gains  is  at  once  ap- 
parent from  a  brief  comparison.  The  gain  for  the  last  year 
credited  to  the  Federation  is  225,859  and  to  the  unaffiliated 
unions  it  is  2,307.  According  to  these  figures  the  Federation 
can  claim  99  per  cent  of  the  total  gain  for  the  year.  This  large 
share  of  gain  is  due  to  the  fact  that  a  number  of  independent 


TRADE  UNION  STATISTICS  133 

unions  either  affiliated  with  the  American  Federation  of  Labor 
during  the  year  or  were  amalgamated  with  unions  that  were 
already  affiliated,  while  some  of  the  independent  associations 
disbanded.  Especially  large  gains  were  made  by  some  of  the 
affiliated  unions.  The  Mine  Workers,  for  which  John  Mitchell 
claims  the  most  rapid  growth  "of  any  trade  union  in  the  history 
of  the  world,"  increased  by  103,800.  The  Ladies  Garment 
Workers  added  20,400;  the  Carpenters  and  Joiners,  18,400;  and 
the  United  Garment  Workers,  12,100. 

The  comparison  of  the  numbers  in  the  larger  unions  and  in 
the  smaller  leads  to  the  question  of  equity  when  these  unions 
are  federated.  Are  the  smaller  unions  outvoted  by  the  superior 
voting  strength  of  the  larger?    Do  they  fear  any  such  result? 

Comparing  the  voting  strength  of  the  unions  that  are  affili- 
ated in  the  American  Federation  of  Labor  it  appears  that  there 
is  a  wide  variation.  One  union  has  3,345  votes  and  as  many  as 
three  have  but  one  vote  each.  The  second  largest  union  has 
2,128  votes  while  two  unions  have  two  votes  each. 

Arranging  the  unions  on  the  basis  of  their  voting  strength  in 
the  Federation,  it  appears  that 


'nions 

Have  Voles 

Total  Votes  of  the  Group 

18 

from    1  to    9 

inclusive 

74 

16 

a 

10  to  19 

<< 

202 

7 

a 

20  to  29 

it 

187 

8 

a 

30  to  39 

it 

275 

6 

a 

40  to  49 

a 

262 

3 

a 

50  to  59 

a 

162 

5 

a 

60  to  69 

a 

3i8 

2 

it 

70  to  79 

a 

ISO 

1 

a 

80  to  89 

a 

85 

4 

tt 

90  to  99 

a 

387 

70 

a 

1  to  99 

a 

2,102 

16 

(t 

100  to  199 

a 

2,342 

6 

it 

200  to  299 

a 

i,543 

4 

11 

300  to  399 

a 

1,401 

1 

it 

400  to  499 

a 

400 

6 

it 

500  to  599 

a 

3,260 

3 

it 

600  to  699 

a 

1,906 

2 

it 

700  to  799 

a 

1,498 

134    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

From  this  table  it  appears  that  a  combination  of  the  two 
largest  groups  of  votes  would  total  5,473  of  the  21,185  votes  of 
the  convention.  The  total  vote  of  the  eleven  largest  unions  is 
11,126.  The  number  of  votes  in  the  convention  necessary  to  a 
majority  is  10,593.  This  includes  the  votes  cast  by  the  centrals, 
locals  and  state  branches,  1,260  votes  in  all.  If  this  last  group  be 
left  out  of  consideration,  the  total  vote  of  the  unions  alone  is 
19,925  with  9,963  as  a  majority.  The  nine  largest  unions  in  the 
Federation  have  a  total  voting  strength  of  10,061. 

As  in  this  group  of  eleven  large  unions  there  are  rival  interests 
as  well  as  community  interests,  the  probability  of  their  combining 
against  the  small  ones  is  rather  remote.  The  group  consists  of 
the  United  Mine  Workers  of  America  (3,345  votes) ;  the  Brother- 
hood of  Carpenters  and  Joiners  (2,128  votes);  the  Association 
of  Machinists  (754  votes) ;  the  Brotherhood  of  Painters,  Decora- 
tors and  Paper  Hangers  (744  votes);  the  United  Garment 
Workers  (607  votes) ;  the  Ladies  Garment  Workers  (699  votes) ; 
the  Federation  of  Musicians  (600  votes);  the  Typographical 
Union  (594  votes);  the  Hotel  and  Restaurant  Employees  (590 
votes) ;  the  United  Brewery  Workers  (520  votes) ;  the  Association 
of  Street  and  Electric  Railway  Employees  (545  votes).  This 
group  does  not  appear  to  have  interests  sufficiently  unlike  those 
of  the  smaller  unions  and  at  the  same  time  of  common  impor- 
tance to  themselves  to  cause  any  immediate  danger.  Yet  it  is 
evident  as  a  practical  matter  that  the  larger  unions  are  in  a 
position  to  wield  by  far  the  greater  influence  in  determining 
the  policies  of  the  American  Federation  of  Labor. 


CHAPTER  IX 
WOMEN   AND   UNIONISM 

There  are  very  good  reasons  for  considering  the  relations  of 
women  to  the  labor  movement  as  a  separate  topic.  While 
theoretically  the  welfare  of  laborers  is  a  question  broader  than 
sex  lines,  as  broad  as  labor  itself,  the  methods  of  work,  the 
purposes  and  spirit  vary  with  sex  as  they  do  with  trades,  na- 
tionality or  territorial  sections. 

Women  in  Industry.  —  It  must  not  be  supposed  that  the 
presence  of  women  in  the  union  movement  is  novel.  Women 
in  industry  is  a  phenomenon  much  older  than  is  popularly 
supposed.  In  America  women  in  unionism  is  in  fact  about 
as  old  as  is  unionism  itself.  In  the  period  prior  to  the  Civil 
War  women  were  appearing  in  one  industry  after  another. 
For  those  who  insist  that  the  American  labor  movement  had 
its  beginning  in  1825,  the  beginning  of  organization  among 
women  would  be  fixed  by  the  same  date.  This  should  be  taken 
to  mean  that  women  wage  earners  were  a  factor  in  industry, 
that  they  were  assembling  in  organizations,  asserting  demands 
and  even  enforcing  them  by  strikes.  Records  reveal  during 
the  first  third  of  the  nineteenth  century  the  existence  of  unions 
among  tailoresses,  seamstresses  and  other  needlewomen,  cotton 
mill  girls,  women  in  book  binderies,  in  boot  and  shoe  factories, 
and  in  other  trades  open  to  women.  These  organizations  were 
active  and  often  successful  in  gaining  their  ends. 

Condition  of  Early  Unionism.  —  The  description  of  the  un- 
ionism of  this  early  period  given  in  a  former  chapter  will  serve 
to  recall  many  of  the  conditions  of  these  years.  Many  organi- 
zations of  women,  transient  in  nature,  were  formed.  They 
were  turbulent  or  peaceful  according  to  the  character  of  the 
membership.  Their  immediate  objects  once  attained,  they 
either  disintegrated  or  reorganized  on  the  lines  of  some  broader 
reform  movement,  tending  toward  the  political  activity  of  the 
day.     The  appearance  of  women  in  the  movement  was,  of 

*3S 


136    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

course,  new  and  in  the  growing  mill  towns  of  New  England 
somewhat  perversive  of  puritan  traditions.  Daughters  of  real 
New  England  stock,  working  in  factories,  living  in  boarding 
houses,  dissatisfied  with  wages  or  hours  of  labor,  organizing, 
drafting  resolutions,  adopting  constitutions,  going  on  strike, 
marching  the  streets  in  parades  of  hundreds,  singing  their 
extemporized  songs  and  shouting  their  demands,  must  have 
startled  the  quiet  towns  so  new  to  milling  life.  The  editor  who 
exclaimed  "What  next!"  must  have  voiced  the  feeling  of  most 
of  his  readers. 

Early  Strikers.  —  The  records  of  these  early  years  are  well 
stocked  with  accounts  of  strikes  among  women  workers.  Be- 
ginning in  1825  with  a  protective  organization  among  tailoresses 
in  New  York,  the  number  multiplies  and  spreads  to  New  Hamp- 
shire, Massachusetts,  New  Jersey,  Maryland,  and  Pennsyl- 
vania. It  appears  that  practically  all  these  strikes  were  for 
increase  of  wages,  shorter  hours  of  labor  or  improved  conditions. 
The  public  took  an  active  interest  in  the  events,  and  the  discus- 
sions of  the  period  are  interesting  as  well  as  instructive.  As  a 
writer  in  the  Mechanics'  Free  Press  said  regarding  a  strike  of 
mill  girls  in  Dover,  N.  H.,  in  1829  the  strike  "formed  the  sub- 
ject of  a  squib,  probably  for  half  the  newspapers  from  Maine 
to  Georgia.  The  circumstance  of  three  or  four  hundred  girls 
or  women  marching  out  of  their  factory  in  a  procession  and 
firing  off  a  lot  of  gunpowder,  and  the  facetious  advertisement 
of  the  factory  agent  for  two  or  three  hundred  better  behaved 
women  made,  altogether,  a  comical  story  quite  worth  telling." 

In  1836  the  girls  of  the  Lowell  mills  struck  because  of  the 
increasing  cost  of  living.  In  the  earlier  years  of  milling  the 
corporations  of  necessity  provided  the  boarding  houses.  The 
price  of  board  was  advanced  from  $5  to  $5.50  a  month  because 
of  an  advance  in  cost  of  provisions.  This  increase  the  women 
insisted  was  equivalent  to  a  reduction  in  wages.  Thus  early 
came  the  question  of  the  relation  of  wages  to  cost  of  living. 
Resisting  the  paternalistic  management  of  the  Lowell  employers 
who  undertook  to  regulate  the  lives  of  employees,  a  Factory 
Girls'  Association  was  formed  numbering  2,500  members.  It 
appointed  officials  through  whom  they  would  communicate 
with  employers.  "As  our  fathers  resisted  unto  blood  the  lordly 
avarice  of  the  British  Ministry,"  declared  these  mill  girls,  "so 


WOMEN  AND  UNIONISM  137 

we,  their  daughters,  never  will  wear  the  yoke  which  has  been 
prepared  for  us. " 

There  were  during  this  early  period  instances  in  which  these 
associations  were  more  permanent  than  the  local  strike  which 
occasioned  them.  The  National  Trades  Union  had  its  Commit- 
tee on  Female  Labor  which  was  active  in  looking  after  the  work 
assigned  to  it.  In  New  York  there  was  the  United  Tailoresses' 
Society  which  had  some  energetic  women  officials.  At  Lynn, 
Mass.,  women  shoebinders  about  one  thousand  in  number  formed 
The  Female  Society  of  Lynn  and  Vicinity  for  the  Protection 
and  Promotion  of  Female  Industry.  Philadelphia  had  its  As- 
sociation of  Shoebinders  and  Corders  with  its  membership  of 
several  hundred  women. 

National  Ideals.  —  Following  the  lead  of  the  men's  unions 
during  the  later  years  of  this  pre-Civil  War  period,  these  or- 
ganizations became  interested  in  the  broader  humanitarian 
ideals  of  the  time.  The  shorter  working  day  and  better  working 
conditions  became  more  closely  related  to  the  expanding  suffrage, 
greater  political  activity,  slavery  agitation,  women's  suffrage 
and  the  other  movements  of  this  remarkable  reform  period. 
The  New  England  Workingmen's  Association  was  made  up  of 
women  as  well  as  men  delegates,  coming  from  various  reform 
as  well  as  trade  organizations.  These  women  took  a  leading 
part  in  the  work  of  the  convention.  Because  of  this,  in  1846, 
the  name  was  changed  to  the  New  England  Labor  Reform 
League.  Two  women  were  chosen  among  the  seven  members  of 
the  executive  committee.  On  another  important  committee 
of  eight,  three  were  women.  In  1845  was  formed  the  National 
Industrial  Congress.  This  led  to  a  series  of  congresses  that 
continued  for  ten  years.  By  its  constitution  members  were 
elected  by  associations  of  men  and  women  which  adopted  its 
principles.  This  organization  soon  became  interested  in  larger 
questions  of  reform  and  did  not  limit  itself  to  problems  of  labor. 

Permanent  Organizations. —  A  strike  and  agitation  among 
cotton  mill  operatives  in  Lowell,  Mass.,  in  1845  led  to  the  forma- 
tion of  the  Lowell  Female  Labor  Reform  Association.  The 
leadership  was  energetic  and  the  work  of  the  association  com- 
manded attention.  This  organization  stated  in  its  constitution 
that  it  "disapproved  of  all  hostile  measures,  strikes  and  turn- 
outs until  all  pacific  measures  prove  abortive,  and  then  it  is 


138    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  imperious  duty  of  every  one  to  assert  and  maintain  that 
independence  which  our  brave  ancestors  bequeathed  us  and 
sealed  with  their  blood. "  Owing  to  the  activity  of  the  associa- 
tion's officials  the  Massachusetts  legislature  was  appealed  to 
and  investigations  were  made  into  the  labor  conditions  of  the 
textile  industry.  To  these  women  officials  has  been  given  the 
credit  of  creating  the  favorable  public  sentiment  and  starting  the 
investigations  and  reforms  that  began  the  series  of  protective 
legislative  measures  in  which  Massachusetts  has  for  so  many  years 
led  the  way.  Through  the  further  activity  of  this  reform  associa- 
tion a  Female  Department  was  maintained  for  several  months 
in  the  Lowell  Voice  of  Industry,  a  leading  labor  weekly  paper. 
Later  the  women  purchased  the  paper  and  continued  its  pub- 
lication as  a  labor  paper.  After  two  years  of  activity  the  as- 
sociation changed  its  name  to  the  Lowell  Female  Industrial 
Reform  and  Mutual  Aid  Society.  Fees  were  raised  and  a  sick 
fund  established. 

Following  the  Lowell  model  the  women  of  Manchester,  N.  H., 
formed  the  Female  Labor  Association  of  Manchester,  which 
had  a  membership  of  about  three  hundred  and  was  characterized 
by  energetic  and  aggressive  action. 

Outside  of  New  England  the  principal  organizations  were 
the  Female  Industrial  Association  of  New  York  and  the  Indus- 
trial Union  of  Philadelphia.  Like  their  New  England  sisters 
these  associations  had  practical  difficulties  to  deal  with  and 
they  sought  to  meet  them  in  much  the  same  way. 

The  pre- Civil  War  period  for  the  women  as  for  the  men  tells 
the  story  of  disconnected  and  unrelated  effort.  There  were 
organizations  and  associations,  strikes  and  turbulence,  vic- 
tories and  defeats.  But  there  was  no  movement.  The  trade 
as  a  stratum  in  industry  had  not  appeared  as  a  permanent 
alignment.  For  this  reason  the  organizations  that  were  formed 
lacked  permanency  and  specific  purpose. 

Character  of  Early  Period.  —  Of  this  period  the  character- 
istic features  may  be  stated  briefly.  The  strikes  apparently  did 
not  break  out  until  a  point  of  desperation  had  been  reached. 
These  led  to  a  degree  of  persistence  and  turbulence  that  early 
secured  for  women  the  reputation  of  "good  strikers."  Demon- 
trations  were  prominent  and  often  boisterous.  Street  parades, 
resolutions  scattered  broadcast,  poems  and  songs,  protest  meet- 


WOMEN  AND  UNIONISM  139 

ings  in  the  open,  placards,  and  even  more  noisy  agencies  were 
used  to  attract  attention  and  testify  to  determination.  When 
these  strikes  were  lost  the  defeat  was  but  temporary.  A  few 
weeks  or  a  few  months  and  the  women  returned  to  the  fight 
with  renewed  vigor. 

The  public  and  the  press  were  divided  on  the  issues.  Chivalry 
brought  some  to  the  women's  support  who  otherwise  would 
have  sided  with  the  employer.  The  ideas  of  freedom  embodied 
in  the  oratorical  expressions  of  Revolutionary  days  were  freely 
used  and  often  effectively.  Yet  on  the  other  side  were  the 
ideals  of  home,  of  the  sanctity  of  woman's  character,  of  the 
importance  to  the  coming  generations  of  preserving  the  wom- 
anly virtues.  In  the  interests  of  these  ideals  it  seemed  unwom- 
anly to  strike. 

Later  Period.  —  With  the  period  following  the  Civil  War 
came  the  development  of  the  trade  unions  into  the  nationals 
as  they  are  known  to-day,  and  the  Knights  of  Labor.  These 
new  forms  of  union  organization  found  women  already  entering 
many  trades  and  their  unions  in  many  cases  very  much  alive.  Yet 
but  few  of  the  national  trade  unions  admitted  women  to  member- 
ship. Of  the  thirty  or  more  that  existed  during  the  years  from 
i860  to  1875,  only  two  extended  their  membership  privileges 
to  women  of  the  trade.  These  were  the  printers  and  the  cigar 
makers.  Yet  women  did  not  cease  to  push  their  own  interests. 
Women  shoemakers  formed  themselves  into  a  national  union 
under  the  name,  Daughters  of  St.  Crispin,  in  1869.  They 
were  guided  by  the  Knights  of  St.  Crispin,  one  of  the  strongest 
unions  of  the  time.  They  had  twenty-four  locals,  or  lodges, 
most  of  which  were  in  Massachusetts.  Maine,  New  Hampshire, 
New  York,  Pennsylvania,  Ohio,  Illinois,  Wisconsin,  and  Cali- 
fornia were  also  represented.  This  union  was  conspicuous  for 
a  time  as  an  exception  rather  than  as  a  type.  The  locals  con- 
tinued to  represent  the  women  in  the  various  centers  of  industry. 

The  Cigar  Trade.  —  In  the  cigar  trade  the  women  were  at 
first  organized  locally  and  in  unions  of  their  own.  These  were 
active  unionists  and  hated  the  "rat  girls  "  with  true  union  hatred. 
By  1867,  the  Cigar  Makers  Union  came  to  the  conclusion, 
after  its  three  years  of  life,  that  women  must  be  admitted  to 
membership.  Further  experience  of  strikes  being  broken  by 
poorly  paid  women  workers  convinced  this  union  that  more 


140    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

energetic  measures  were  necessary.  In  187 1  special  action 
was  taken  in  convention  to  push  the  organization  among  the 
women  workers.  Opposition  continued,  however,  in  some  quar- 
ters. In  1877  a  Cincinnati  union  struck  against  the  women  and 
for  a  long  time  held  out  against  the  provisions  of  the  constitution 
of  the  international.  The  trade  proved  easy  for  women  to 
learn,  and  many  immigrant  women  had  learned  it  before  com- 
ing to  America.  The  employer  was  quick  to  seize  the  advantage. 
The  union  was  slow  to  see  the  importance  of  unionizing  the 
whole  trade.  The  shock  of  awakening  came  when  an  employer 
secured  women  to  break  a  strike  and  advertised  on  the  boxes 
of  his  product:  "cigars  made  by  American  girls."  Necessity 
finally  forced  the  decision.  By  1880  female  cigar  makers  were 
at  work  in  large  numbers.  It  became  not  a  question  of  choice, 
whether  the  union  men  should  or  should  not  extend  the  priv- 
ileges of  unionism  to  the  women.  Self-preservation  demanded 
that  it  should  be  done  and  it  was  done.  American  girls  must 
be  admitted  and  foreigners  with  them.  As  an  officer  tersely 
said:  "It  is  better  to  have  them  with  us  than  against  us." 

The  Printing  Trade. —  In  the  printing  trade  there  is  very 
much  the  same  story.  The  union  printers  were  opposed  to  the 
entrance  of  women  into  the  trade.  Yet  women  were  learning 
the  trade.  They  could  not  do  so  by  the  regular  apprenticeship 
method,  but  with  the  encouragement  of  employers  they  "stole" 
it  and  acquired  sufficient  skill  to  do  the  work.  They  at  first 
formed  their  own  unions.  When  in  the  unions  they  were  loyal; 
but  most  of  them  were  non-union  and  would  take  work  at 
much  lower  wages  than  were  paid  to  men.  Realizing  the  dan- 
gers the  male  unionists  first  began  to  encourage  and  assist 
women  to  form  unions.  They  hired  halls,  furnished  necessary 
supplies,  and  paid  all  expenses  necessary  to  start  a  woman's 
union.  But  this  was  not  the  end.  The  regular  unions  of  men 
began  to  receive  applications  for  membership  from  women. 
In  1869  the  unions  one  at  a  time  began  to  receive  them.  The 
reasons  for  the  change  are  clear  enough.  As  with  the  cigar 
makers,  it  was  self-protection.  Their  admission  was  coupled 
with  demands  for  equal  pay  for  equal  work  and  insisting  that 
women  unionists  must  demand  the  union  scale. 

In  other  trades  confusion  still  dominated.  The  industries 
were  not  sufficiently  mature  and  the  methods  of  work  were 


WOMEN  AND  UNIONISM  141 

not  clearly  enough  distinguished  to  make  possible  anything 
more  than  transient  local  effort. 

The  Knights  of  Labor.  —  With  the  appearance  of  the 
Knights  of  Labor  a  new  spirit  prevailed.  It  will  be  remembered 
that  the  struggles  of  the  former  years  were  around  two  principles. 
One  was  that  of  trade  interest  and  of  rivalry  with  employer 
only  within  the  trade  area.  This  did  not  afford  a  positive 
platform  upon  which  the  men  unionists  could  stand  and  urge 
the  organization  of  all  working  women.  The  other  principle 
was  the  broadly  humanitarian  idealism  that  reached  well  into 
the  clouds  but  did  not  rest  upon  the  ground.  It  led  to  no  solidly 
practical  results.  It  was  for  the  Knights  of  Labor  to  attempt 
to  find  a  working  program  that  could  rest  upon  both  of  these 
principles.  The  spirit  of  this  organization  has  already  been 
noticed.  Its  principle,  an  injury  to  one  is  the  concern  of  all, 
was  an  ideal  that  was  to  be  taken  literally.  It  began  with 
calling  for  the  abolition  of  the  labor  of  children  and  for 
equal  pay  for  equal  work  for  both  sexes. 

Women  were  admitted  to  membership  in  the  Knights  of  Labor 
in  188 1.  Both  as  separate  and  in  mixed  locals  the  membership 
of  women  increased  rapidly.  The  1885  convention  provided  for 
a  special  committee  of  women  to  investigate  conditions  of 
women's  work.  At  a  later  convention  all  of  the  sixteen  women 
delegates  were  appointed  a  special  committee  to  promote  the 
interests  of  the  women.  Investigation  showed  women  to  be 
poorly  organized  generally,  with  hard  work,  long  hours  and  low 
pay.  The  cause  of  their  lack  of  interest  in  organization  was  re- 
ported as  "largely  due  to  their  own  ignorance  of  the  importance 
of  the  step,  yet  much  blame  can  be  attached  to  the  neglect  and 
indifference  of  their  brother  toilers."  For  the  first  time  sys- 
tematic work  was  undertaken  in  this  field.  The  investigator  was 
made  a  general  officer  of  the  Knights  and  given  a  free  hand  to 
push  the  work.  Cities  were  visited  and  interest  aroused  in  the 
unions.  Circulars  were  sent  out  and  information  furnished 
wherever  needed.  The  female  membership  of  the  Knights  was 
raised  in  a  few  months  by  a  number  probably  between  11,000 
and  12,000  representing  about  thirty  different  trades.  For  four 
years  the  organizing  and  educating  work  was  energetically  and 
systematically  carried  on.  Then  came  the  leaner  years  of  the 
Knights  of  Labor.    Membership  was  shrinking.    The  treasury 


142    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

was  low.  With  the  general  waning  of  interest  came  the  decline 
in  the  work  of  the  women's  department.  Finally  the  energetic 
field  organizer  and  general  officer  married  and  withdrew  from  the 
"field  of  industrial  life  to  the  quiet  and  comfort  of  a  home." 
The  position  was  offered  to  the  one  sole  woman  delegate  at  the 
convention  of  1890.  Upon  her  declining  to  accept  the  office  the 
woman's  department  of  the  Knights  of  Labor  came  to  an  end. 
It  is  idle  to  present  figures  of  membership  during  this  period. 
Reports  were  irregular  and  incomplete.  It  is  estimated  that 
the  largest  membership  was  about  50,000. 

The  American  Federation  of  Labor.  —  The  work  of  the 
Knights  of  Labor  was  not  lost  even  though  the  order  itself  de- 
clined in  influence.  The  strengthening  of  the  national  unions  in 
the  various  trades  and  the  rise  of  the  American  Federation  of  La- 
bor brought  to  the  front  again  an  active  interest  in  the  women. 
From  the  first  the  American  Federation  committed  itself  to  the 
policy  of  organizing  women  workers.  In  1885  it  was  resolved 
in  convention  to  "call  upon  and  advise  working  women  of 
this  country  to  protect  themselves  by  organizing  into  unions 
of  their  respective  trades  and  callings"  and  further  the  legisla- 
tive committee  was  pledged  to  render  assistance  whenever  pos- 
sible. Again  in  these  early  years  the  president  of  the  Federation 
urged  that  "first  and  foremost  we  should  bend  our  energies  to 
the  organization  of  laboring  women  in  trade  unions."  This 
should  be  done  in  order  that  girls  and  women  "may  learn  the 
stern  fact  that  if  they  desire  to  achieve  any  improvement  in 
their  condition  it  must  be  through  their  own  self-assertion  in 
the  local  union."  Later  a  resolution  was  favorably  received 
calling  for  the  appointment  of  women  organizers  to  confine  their 
attention  especially  to  pushing  the  formation  of  unions  among 
their  own  sex.  Though  this  was  the  opinion  definitely  expressed 
in  the  conventions,  the  executive  council  did  not  respond 
promptly  and  the  matter  of  getting  these  organizers  into  the 
field  proceeded  slowly.  Though  so  definitely  committed  to  the 
policy  in  a  general  way  the  practical  side  was  not  pushed  with 
vigor,  only  occasionally  was  an  organizer  actually  appointed 
and  then  the  work  was  limited  to  a  few  months.  More  recently 
the  work  has  gone  forward  with  greater  energy. 

The  National  Women's  Trade  Union  League.  —  At  the 
1903  convention  a  new  departure  was  undertaken.    It  took  the 


WOMEN  AND  UNIONISM  143 

form  of  a  National  Women's  Trade  Union  League  and  was  to 
include  in  its  membership  all  working  women  whether  in  trade 
unions  or  not;  and  also  all  women  who  sympathized  with  the  or- 
ganization movement  though  themselves  not  of  the  "ranks  of 
labor."  One  other  organization  should  be  named  in  this  connec- 
tion. The  Women's  International  Union  Label  League,  organized 
in  1899,  has  been  active  in  pushing  the  interests  of  the  union  la- 
bel. Its  objects  are  somewhat  broader  than  those  of  the  Women's 
Trade  Union  League,  yet  their  relation  to  the  unionizing  move- 
ment among  women  is  very  real.  It  has  stood  for  the  encourage- 
ment of  union-made  goods,  the  universal  eight-hour  day,  equal 
pay  for  equal  work  regardless  of  sex,  early  closing  and  Sunday 
closing,  sustaining  fair  employers,  and  in  general  any  movements 
related  to  these.  The  more  direct  work  of  this  league  has  been 
in  connection  with  the  union  label.  Its  membership  includes 
not  only  women  members  of  trade  unions,  but  the  wives  and 
daughters  of  unionists  also.  These  two  organizations  in  par- 
ticular have  been  working  in  close  cooperation  with  the  Amer- 
ican Federation  of  Labor.  They  are  represented  by  delegates 
at  the  Federation's  annual  conventions  and  a  close  cooperation 
is  maintained  in  the  organizing  work. 

The  Nationals.  —  It  appears  from  the  records  to  be  the 
present  policy  of  the  Federation  to  push  the  work  of  organiza- 
tion among  women  largely  through  these  associations  and 
through  the  affiliated  national  trade  unions.  Among  them  the 
field  is  covered.  In  the  addresses  of  the  president  the  work  is 
referred  to  and  the  delegates  are  strongly  urged  to  have  women 
organizers  put  into  the  field  by  their  respective  nationals,  es- 
pecially by  those  in  trades  where  women  are  entering  in  large 
numbers.  In  1913  and  the  year  following  special  assessments 
were  levied  the  proceeds  of  which  were  to  be  used  in  assisting 
the  Women's  Trade  Union  League  in  furthering  its  work. 

Work  of  the  Women's  Trade  Union  League.  —  This  one 
cent  assessment  for  the  first  year  to  organize  women  workers  led 
to  the  expenditure,  between  the  last  of  February  and  the  first 
of  October,  1914,  of  $10,857.  Eighteen  organizers  were  put 
into  the  field  of  whom  five  were  women.  The  work  was 
done  largely  in  the  New  England  field  (except  Vermont);  in 
New  York,  New  Jersey  and  Pennsylvania;  and  in  the  Carolinas, 
Georgia  and  Alabama;  these  sections  being  the  centers  of  the 


144    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

textile  industry.  The  assessment  voted  by  the  19 14  convention 
the  Executive  Council  did  not  deem  it  wise  to  levy,  owing  to 
conditions  that  so  greatly  modified  all  industrial  activity  after 
the  outbreak  of  war.  The  work  for  the  year  ending  with  the 
1915  convention  was  carried  on  in  a  more  limited  way,  the 
officers  making  use  of  some  available  funds  that  were  already 
in  hand.  Two  women  organizers  were  kept  in  the  field  for  the 
year.  Somewhat  more  than  nine  thousand  dollars  were  spent 
in  the  work.  Efforts  were  made  particularly  among  garment 
workers,  textile  workers,  manufacturers  of  electric  supplies  and 
silk  workers.  The  textile  workers  again  received  the  greater 
amount  of  attention. 

In  its  present  form  and  as  equipped  for  carrying  forward  this 
work  the  League  comprises,  as  stated  by  its  Secretary  in  the  1915 
report,  nine  local  leagues  in  as  many  different  cities  (Boston, 
New  York,  Chicago,  St.  Louis,  Springfield,  111.,  Kansas  City, 
Mo.,  Baltimore,  Denver,  and  Philadelphia),  forty  members  at 
large,  the  Illinois  State  Committee,  and  the  Los  Angeles  Com- 
mittee of  the  National  Women's  Trade  Union  League.  Af- 
filiated directly  are  six  international  unions,  five  state  federa- 
tions of  labor,  twenty  central  labor  bodies,  one  local  union  and 
one  trades  council  auxiliary. 

The  president  has  just  issued  a  call  "to  the  7,000,000  women 
workers  in  the  United  States,  nearly  half  of  whom  are  under 
twenty-one  years  of  age,"  to  organize  for  better  conditions  of 
labor  and  to  become  affiliated  with  the  Women's  Trade  Union 
League  and  the  American  Federation  of  Labor.  Thus  is  the 
work  being  vigorously  pushed  in  accordance  with  the  coopera- 
tive policy  of  these  two  organizations. 

Results  of  the  Efforts.  —  In  the  unionizing  work,  each  trade 
has  its  peculiar  problems,  its  successes  and  failures,  the  details 
of  which  are  too  numerous  and  varied  to  be  included  in  so  brief 
a  sketch.  There  are,  however,  certain  underlying  facts  that 
are  important  in  understanding  the  movement  and  in  account- 
ing for  the  degree  of  success  as  well  as  for  the  degree  of  failure. 

Attitude  of  Union  Men.  —  The  attitude  of  union  men  has 
been  very  significant.  From  the  earlier  days  when,  in  the 
twenties  and  thirties,  it  was  becoming  evident  that  women 
were  pushing  their  way  into  certain  trades,  even  down  to  the 
present  the  attitude  has  not  changed  fundamentally,  though 


WOMEN  AND  UNIONISM  145 

it  is  manifested  in  a  different  way.  If  it  was  a  case  where  women 
were  just  beginning  to  enter  the  trade,  they  were  opposed  by 
the  men.  To  organize  them  would  be  to  encourage  their  per- 
manency as  rivals.  As  in  one  trade  after  another  the  women 
came  in  ever  increasing  numbers  and  became  established,  the 
opposition  was  reluctantly  withdrawn.  It  slowly  gave  way  to 
a  more  or  less  spontaneous  enthusiasm  for  their  organization. 
At  first  the  opposition  was  so  pronounced  that  the  men  in  some 
trades,  as  the  tailors  in  18 19  and  again  in  1835,  either  went  on 
strike  or  flatly  refused  to  work  for  employers  who  gave  work  to 
women.  These  early  days  saw  similar  trouble  with  bookbinders, 
shoe  workers,  and  cotton  mill  hands  as  well  as  in  other  trades. 
As  the  rivalry  of  women  workers  appeared  inevitable  the  alterna- 
tive was  to  unionize  them.  This  slow  change  the  men  have 
been  making  as  gracefully  as  possible  until  at  present  the  ad- 
mission of  women  to  the  trades  is  taken  as  a  fact.  This  has 
settled  the  matter  of  organizing  and  the  work  is  being  pushed 
and  encouraged  by  the  men  themselves.  At  the  1914  conven- 
tion of  the  Federation  a  resolution  was  introduced  in  which  it 
was  resolved  "that  we  do  our  very  utmost  to  restore  individual, 
social,  and  racial  health  by  restoring  the  women  to  the  home 
and  the  children  to  the  school  and  to  such  play  as  shall  help 
them  to  grow  up  and  become  efficient  men  and  women."  As 
this  came  from  the  resolutions  committee  and  was  finally  adopted 
by  the  Federation,  it  was  resolved  to  restore  health  "by  mak- 
ing the  employment  of  women  as  congenial  as  possible  and  by 
sending  children"  to  the  school  and  playground.  The  dis- 
cussion revealed  two  reasons  for  the  change.  The  convention 
realized  that  it  could  not  by  mere  resolution  take  women  out 
of  industry.  They  are  in  industry  to  stay.  Even  if  it  were 
possible  to  do  this,  the  convention  realized  the  pertinency  of 
the  question:  what  would  become  of  those  who  are  dependent 
upon  industry  and  have  no  homes?  The  voting  sense  of  the 
convention  recognized  the  inevitable.  The  same  idea  appears 
in  the  comment  made  by  the  president  at  the  same  convention: 
"More  and  more  it  is  realized  that  women  do  not  live  apart 
from  the  political,  social  and  economic  organization  of  society, 
but  that  they  are  responsible  members  and  should  share  in  its 
burdens  and  contribute  to  its  progress.  What  has  been  done 
in  organization  this  year  is  a  mere  beginning  whose  results  are 


146    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

not  yet  appreciable.  The  work  should  be  continued  with  un- 
remitting vigor.  Women  wage  earners  must  be  organized  or 
they  will  retard  the  progress  of  all  organization."  Speaking 
of  the  economic  dependence  of  women  the  more  recent  attitude 
of  the  Federation  appears  in  the  statement  of  the  report  of  the 
Executive  Council  at  the  1915  convention.  "There  are  often 
many  criticisms  advanced  that  women  do  not  understand  the 
spirit  and  the  methods  of  collective  action  of  organization  in 
trade  unions,  and  that  therefore  they  cannot  protect  themselves 
through  economic  organizations.  Again  and  again  this  asser- 
tion has  been  proved  false.  Women  can  be  organized,  they 
can  and  do  understand  the  principles  of  trade  unionism,  and 
they  are  able  and  willing  to  fight  for  the  cause." 

Attitude  of  Women.  —  While  the  attitude  of  men  has  finally 
become  positively  aggressive  and  no  longer  constitutes  a  serious 
obstacle  to  the  spread  of  organization,  it  cannot  be  said  that  all 
difficulties  have  been  removed.  The  women  themselves  are  in 
a  sense  their  own  handicap.  This  fact  appears  evident  from  any 
careful  analysis.  In  the  first  place  women  as  a  class  may  have 
become  permanently  industrialized  but  the  same  is  not  true 
of  the  individuals.  Marriage  is  looked  forward  to  with  more  or 
less  definiteness.  This  may  not  affect  the  situation  where  women 
continue  to  work  at  a  trade  after  marriage,  but  these  are  rela- 
tively unimportant.  The  prospect  to  the  single  working  girl 
is  marriage  and  a  home  life.  Though  not  always  realized,  it  is 
important  while  as  a  prospect  it  continues.  Because  of  this 
they  care  less  for  organization  and  the  sacrifices  necessary  to 
maintain  it.  For  the  same  reason  the  wages- are  not  of  such 
importance.  Low  wages  help  out  and  no  part  of  them  seems 
necessary  to  provide  for  the  future.  They  become  even  more 
anxious  to  escape  the  conditions  of  low-paid  labor  than  to  im- 
prove them.  Unionism  offers  a  present  sacrifice  for  a  future 
benefit.  The  working  girl  appears  unwilling  to  make  the  sacri- 
fice. It  is  even  claimed  that  successful  unions  are  a  detriment 
to  permanency  of  organization.  The  ends  sought  are  immediate. 
If  these  ends  are  attained,  the  organization  goes  to  pieces,  leav- 
ing a  serious  wreckage  in  the  way  of  forming  another  union  in 
the  future. 

Again  it  is  claimed  that  the  youthfulness  of  women  wage 
earners  is  a  handicap.    Census  reports  show  that  in  by  far  the 


WOMEN  AND  UNIONISM  147 

larger  number  of  cases  they  are  under  twenty-five  years,  leaving 
but  few  experienced  heads  for  council  and  conservatism.  An- 
other fact  not  to  be  overlooked  is  the  feeling  of  pride  and  of 
social  distinction  between  workers.  The  former  of  these  leads 
some  to  hesitate  to  join  a  union  openly  for  fear  of  being  rated 
too  publicly  as  working  girls.  The  latter  offers  a  serious  barrier 
in  that  girls  of  one  trade  look  down  upon  those  of  another  and 
would  not  "stoop"  to  being  associated  with  them  in  a  union. 

Finally,  it  is  to  be  noted  that  while  women  are  admitted  to 
membership,  they  have  but  little  to  say  in  determining  policies. 
Rarely  indeed  are  they  chosen  to  office.  Attendance  upon  meet- 
ings is  often  impracticable  because  of  the  location  of  meeting 
rooms,  the  tobacco  smoke  and  the  boisterous  language  of  the 
men.  It  is  still  true  that  mixed  unions  are  not  successful  in 
securing  attendance  of  women,  much  less  in  making  use  of  the 
administrative  and  executive  ability  of  the  women  members. 

Attitude  of  Employer.  —  The  employer  also  is  an  important 
factor.  Experience  has  revealed  to  him  the  necessity  of  checking 
union  movements  at  the  beginning,  realizing  that  if  they  acquire 
momentum  they  may  pass  beyond  control.  As  women  are 
generally  more  timid  than  men,  a  firm  stand  by  the  employer 
can  often  defeat  entirely  a  movement  for  organization  among 
them.  Women  in  many  trades  have  been  valuable  as  strike 
breakers.  They  are  valuable  in  a  labor  supply  because  of  the 
relative  ease  with  which  their  wages  may  be  adjusted  to  neces- 
sary or  desired  economies  in  expenses.  They  are  quite  too  valu- 
able to  lose  as  an  unorganized  group  of  labor. 

Activity  of  Industrial  Workers  of  the  World. — The  activity 
of  the  Industrial  Workers  of  the  World  is  accountable  in  two 
ways  for  the  situation  so  far  as  unionism  among  women  is  con- 
cerned. First,  its  propaganda  among  unskilled  workers  has  been 
fruitful  for  a  time  of  large  membership  in  industrial  centers  where 
it  is  openly  at  work.  This  membership  does  not  prove  to  be 
permanent.  Evidence  of  this  appears  in  the  Massachusetts 
figures.  In  191 1  there  were  1,292  women  unionists.  The  fol- 
lowing year  showed  16,546  in  the  membership.  These  were 
largely  textile  operatives  in  Lawrence,  Lowell,  New  Bedford, 
Fall  River  and  other  localities  where  the  Industrial  Workers 
were  organizing  strikes  among  mill- workers.  In  1913  the  total 
membership  fell  to  9,157,  a  shrinkage  of  over  7,000  in  a  year. 


148    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

This  variation,  which  the  state  report  mildly  characterizes  as 
"somewhat  transitory  membership"  is  not  out  of  accord  with 
the  policy  of  the  Industrial  Workers.  They  regard  all  unskilled 
workers,  both  men  and  women,  as  their  source  of  strength, 
even  though  comparatively  few  are  enrolled  formally  as  mem- 
bers. However  disturbing  it  may  be  to  the  statistician  who  likes 
to  see  his  figures  plot  into  graceful  curves,  the  irregularity  of 
membership  does  not  in  the  least  dampen  the  ardor  of  the 
leaders  of  the  Industrial  Workers  of  the  World. 

Second,  the  Industrial  Workers  have  imparted  an  incentive  to 
the  leaders  of  trade  unionism.  This  has  reacted  in  creating  a 
renewed  interest  in  the  problem  of  unionizing  the  women  wage 
earners.  At  the  time  of  the  Lawrence  disturbance  not  alone  the 
strike  leaders  but  others  who  were  entirely  on  the  outside  were 
openly  criticizing  the  officers  of  the  trade  union  of  textile  work- 
ers for  their  neglect  to  organize  the  unskilled  foreign  girls  and 
women.  Though  these  trade  union  officials  defended  their 
actions  with  much  zeal,  the  net  result  appeared  to  be  that  the 
neglect  was  inexcusable.  It  was  made  to  appear  that  the  trade 
union  of  textile  workers  was  something  of  an  aristocracy,  seeking 
to  promote  the  interests  of  some  of  the  workers  at  the  expense  of 
others.  However  this  may  have  been,  the  developments  of  more 
recent  months  are  interesting.  As  has  been  said  above,  special 
assessments  were  levied  by  the  American  Federation  of  Labor 
to  be  used  by  the  Women's  Trade  Union  League.  As  stated  in 
the  annual  report  of  the  president  of  the  Federation:  "The 
textile  industry  was  selected  as  one  of  those  upon  which  efforts 
were  to  be  centered."  The  effect  appeared  also  in  another  way. 
In  the  government  investigation  which  covered  the  movement 
to  1909,  it  was  stated  that  the  prospects  for  large  increases  of 
membership  were  gloomy.  Before  the  report  was  published 
a  supplementary  statement  was  made  covering  nearly  all  of  the 
year  191 1.  In  this  latter  statement  much  of  the  gloom  dis- 
appears. "Since  1909  there  has  been  a  most  marked  growth  in 
the  number  of  women's  unions,  a  still  larger  growth  in  the  mem- 
bership in  the  unions,  and  an  improvement  the  most  marked  of 
all  in  the  general  interest  taken  in  women's  unions  in  all  portions 
of  the  country  and  in  almost  all  trades  in  which  there  is  any 
organization  at  all.  .  .  .  The  gain  seems  to  have  come  suddenly. 
There  was  little  evidence  of  real  vitality  or  dynamic  force  in  the 


WOMEN  AND  UNIONISM  149 

period  prior  to  1909."  The  figures  presented  from  New  York 
State  bear  out  the  impression  that  the  year  1909  was  a  year  of 
change.  It  would  not  be  right  to  attribute  this  sudden  progress 
to  any  one  cause.  The  recovery  from  the  depression  of  1907, 
the  reverses  in  court  sustained  by  laws  intended  to  favor  women 
in  industry,  these  and  other  forces  were  undoubtedly  active. 
It  must  not  be  overlooked,  however,  that  the  Industrial  Workers 
of  the  World  was  organized  in  1905  but  that  the  first  three  or 
four  years  were  occupied  with  dissension  and  internal  adjust- 
ment. In  1909  the  new  organization  stepped  into  the  field 
relieved  of  its  incumbrances  and  ready  for  business.  The  incen- 
tive that  this  new  and  radical  organization  imparted  both  di- 
rectly and  indirectly  must  not  be  left  out  of  account.  While 
it  may  be  responsible  for  a  large  amount  of  transitory  member- 
ship among  women,  it  must  be  held  accountable  also  as  an  im- 
portant factor  in  increasing  the  membership  both  in  its  own 
organization  and  in  many  of  the  trade  unions  as  well. 

STATISTICS   OF   WOMEN   IN   UNIONS 

As  to  the  number  of  women  enrolled  in  the  membership  of 
unions  there  are  no  data  that  are  both  comprehensive  and  ac- 
curate. The  efforts  are  so  new  that  they  have  not  been  made 
general.  The  policy  adopted  has  been  one  of  concentration  in 
particular  localities  and  trades.  The  activities  of  the  Women's 
Trade  Union  League  have  been  centralized  in  a  few  cities  es- 
pecially, though  not  entirely  confined  to  them.  In  but  few  of 
the  states  are  there  reports  that  give  any  comprehensive  in- 
formation. The  Massachusetts  Labor  Bulletin  shows  that  181 
unions  in  that  state  had  a  female  membership  of  25,749  at  the 
close  of  1912.  One  year  later  there  were  195  such  unions  with 
a  total  female  membership  of  30,513.  The  gain  of  1913  over 
191 2  was  eighteen  and  one-half  per  cent.  This  compares  un- 
favorably with  the  gain  of  the  previous  year  which  was  fifty- 
nine  and  one-half  per  cent.  The  municipalities  having  one 
thousand  or  more  women  unionists  were: 


ISO    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

City  Women    Unionists 

Boston 8,089 

Brockton 4,138 

Fall  River 3,484 

Lynn 2,543 

Lawrence 2,187 

New  Bedford 2,106 

Haverhill 1,018 

Boston  had  39  locals;  Brockton,  15;  Lynn,  13;  while  in  the 
other  cities  the  number  of  locals  was  smaller. 

Of  the  195  unions  referred  to  there  were  18  whose  membership 
was  made  up  of  women  alone,  to  the  number  of  7,226,  while 
62  unions  each  numbered  100  or  more  in  its  membership. 

By  trades  the  entire  30,513  women  were  distributed  as  follows: 

Number         Per  Cent  of  Total 

Boot  and  shoe  workers 11,901  39- 

Textile  workers 8,682  28 . 5 

Garment  workers 3,185  10.4 

Telephone  operators 2,548  8.4 

Retail  clerks 876  2 . 9 

Cigar  factory  workers  and  tobacco  strippers. .  650  2.1 

Bookbinders 583  1 . 9 

Other  occupations 2,088  6 . 8 


Total 30,513  100  •  o 

The  following  tables  indicate  some  of  the  facts  in  a  more  de- 
tailed way.    Each  may  be  left  to  explain  itself. 


WOMEN  AND  UNIONISM 


151 


1.  Table  showing  trade  unions  reporting  10  or  more  women 
members,  their  female  membership,  and  the  estimated  proportion 
women  form  of  total  union  membership.  (From  the  History  of 
Women  in  Trade  Unions,  p.  136:  Vol.  X  of  Report  on  Condi- 
tions of  Woman  and  Child  Wage  Earners  in  the  United  States. 
Government  Printing  Office.) 


Bookbinders 

Boot  and  shoe  workers 

Cigar  makers 

Garment  workers  (men's) 

Garment  workers  (women's) .  .  . 

Glove  workers 

Hat  and  cap  makers 

Musicians 

Printers  (typographical  workers) 

Retail  clerks  (saleswomen) 

Shirt,  waist  and  laundry  workers 

Textile  workers 

Tobacco  workers 

Waitresses 

Miscellaneous 

Total 546 


No.  of 

Unions 

Female 
Membership 

Estimated 

Per  Cent 

Women 

form  of 

Total  Union 

Membership 

25 

3,628 

40 

40 

5,443 

17 

32 

3,49° 

IO 

133 

17,212 

40 

13 

1,217 

70 

13 

652 

58 

14 

5,385 

54 

60 

1,323 

7 

17 

621 

3 

42 

1,308 

4 

41 

3,229 

75 

33 

6,142 

45 

33 

5,020 

72 

22 

1,928 

5 

28 

7,39i 

63,989 


152     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

2.  Table  showing  estimated  number  of  women  in  unions,  num- 
ber 1 6  years  old  and  over  engaged  in  the  trade,  per  cent  who  are 
union  members  of  women  and  of  men  occupied  in  the  trade,  and 
proportion  of  women  and  of  men  occupied  in  the  trade,  United 
States,  by  trades.    (History  of  Women  in  Trade  Unions,  p.  138.) 


No.  of  Women 
who  are 


Per  Cent  who 
are  Union 
Members  of 


Per  Cent  of 

Persons  16 

yrs.  of  age  and 

over,  occupied 

in  the  trade 

who  are 


Members  of 
Unions  (No. 
estimated) 


Occupied 

Women 

Men 

in  the  trade, 

occupied 

occupied 

Wo- 

16 yrs.  of 

in  the 

in  the 

men 

age  and  over 

trade 

trade 

Bookbinders 3, 600          14,303 

Boot  and  shoe  workers  5,400         49,535 

Garment  workers 

(men's) 17,700 

Garment  workers 

(women's) 1,200         72,242 

Glove  workers 700            7,170 

Hat  and  cap  makers. .  5,400           7,049 

Musicians 2,800          52,010 

Retail     clerks     (sales- 
women)    2,100 

Shirt,  waist  and  laundry 

workers 3,200 

Textile  workers 6,100 

Tobacco  workers 9,000 

Typographical  workers    1,300 

Waitresses 1,900 

Miscellaneous 9,600     1 

Total 70,000     2 


25.2 
10.9 


35-6 
27.2 


47,180 
231,458 
37,125 
15,353 
41,178 

,3i7,i59 


6.8 
2.6 

13  -5 

8-5 
4.6 

0.7 


4.8 

3° 
2.  2 

32.5 
58.1 
20.3 


5°-5 
34-2 


75,468     23.5     45.9     56.2 


1.7  1.2  62.9 

9.8  n. 6  62.6 
76.6  30.6  32.4 

5.4  91.2  56.9 


142,265       1.4     10.8     24.1 


69.8 
50.0 

3°-9 
10.3 

39-6 

13.2 


Men 


,109,495       3-3     20.5     17.5 


49 

5 

65 

8 

43 

8 

37 

1 

37 

4 

67 

6 

43 

1 

75 

9 

30 

2 

5o 

0 

69 

1 

89 

7 

60 

4 

86 

8 

82 

5 

WOMEN  AND  UNIONISM 


153 


3.  The  reports  from  New  York  State  are  much  more  complete 
and  extend  over  a  longer  period  of  time.  Though  they  indicate 
the  conditions  in  that  state  only,  they  afford  opportunity  for 
comparative  study  within  that  area.  The  following  data  from 
the  reports  of  the  State  Industrial  Commission  show  the  status 
of  organization  in  New  York  State. 


Number  of  Wo- 
Year  men  Unionists 

1897 5,764 

1898 7,505 

1899 8,088 

I9OO 11,828 

19OI 14,618 

I902 I5,5°9 

I903 14,753 

1904 I2,8l7 

I905 I2,26S 


Number  of 
Year  Women  Unionists 

1906 11,625 

I907 14,231 

1908 10,698 

1909 12,410 

19IO 28,123 

I9II 35,402 

1912 37,170 

1913 78,522 

1914 67,449 


4.  Chart  showing  the  proportion,  in  per  cent,  of  women 
to  all  unionists  in  new  york  state,  1897-1914. 


N    CO    O)    O  ^"    OJ    C*3    *^-    IO    CO    f*"   OO    CD    O    •"    CNI    CO    ^ 

O,  OJ  O)   csocsocsoococoo.—  •—--•—  ■— 

CO    OO    CO     CO    03    OO    CD    03    CO    03    CO    CO    CO    CD    CD    CO    CO    CO 

It 

j\ 

1 

11 

10 

9 

8 

5 

^  7 

m 

/ 

6 

/ 

' 

5 

/ 

\ 

/ 

/ 

/ 

\ 

\ 

/ 

4 

/ 

\ 

/ 

\ 

/ 

/ 

\ 

v 

/ 

3 

F— 

s 

~- 

s. 

/ 

S 

/ 

2 

154    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


5.  Chart  showing  the  membership  of  women  in  unions  in 
New  York  State,  1897-1914. 

03o>o3Cocoocoococog?c30«—  ' —  ■ —  ■-  "~~ 
co   co   co  05   os   os  0>   05  d   &>   o   os   o)   o  05  05   cjd   os 

&0,000~ 
75,000 
70,000 
65.000 
60,000 
55.000 
50.000 
45.000 
40,000 
35.000 
30,000 
25,000 
20.000 
15,000 
10,000 
5,000 
0 

6.  Table  showing  the  number  of  union  women  in  the  sev- 
eral trades,  in  New  York  State,  for  September  of  the  two  years 
1913  and  1914. 


1913 

Railways 13 

Telegraphs 257 

Garments 51,512 

Shirts,  collars  and  laundry 9,363 

Hats,  caps  and  furs 2,942 

Boots,  shoes  and  gloves 367 

Textiles 3,225 

Iron  and  steel 622 

Other  metals 13 

Printing,  binding,  etc 1,891 

Wood  working  and  furniture. ...  36 

Theaters  and  music 3,395 

Tobacco 2,390 

Hotels  and  restaurants 301 

Retail  trade 352 

Public  employment 1,501 

Paper  and  paper  goods 106 

Leather  and  leather  goods 25 

Mixed  employment 32 

Other  distinct  trades 179 

Total 78,522 


IQI4 

No. 

Unions  of  Women 
Exclusively 
Sept.,  1Q14 
Membership 

15 

289 

47,811 

IO 

1,345 

6,426 

I 

12 

3,204 

4 

618 

335 

1 

170 

988 

3 

472 

438 

16 

1 

16 

1,770 

1 

1,230 

39 

2,080 

2,297 

1 

381 

952 

1 

800 

5 

100 

11 

291 

67,449 


22 


4,663 


WOMEN  AND  UNIONISM  155 

7.  Table  showing  national  unions  affiliated  with  the  Ameri- 
can Federation  of  Labor  with  the  members  of  each  sex  in  the 
locals  of  New  York  State  (1915): 

Men  Women  Total 

Bookbinders 1*649  1,282  2,931 

Boot  and  shoe  workers 1,032  268  1,300 

Cigar  makers 7,552  2,207  9,759 

Railway  clerks 373  15  388 

Retail  clerks 458  286  744 

Cloth  hat  and  cap  makers 2,900  771  3,671 

Commercial  telegraphers 846  228  1,074 

Electrical  workers 7,676  438  8,114 

Fur  workers 8,074  2,055  10,129 

Garment  workers 43,965  11,787  55,752 

Ladies'  garment  workers 65,799  40,521  106,320 

Musicians 10,862  453  11,315 

Printing  pressmen 1,427  58  1,485 

Pulp  and  paper  millers 1,986  5  !,99i 

Railroad  telegraphers 3,397  61  3,458 

Journeymen  tailors 1,226  66  1,292 

Textile  workers 2,196  806  3,002 

Tobacco  workers 165  76  241 

Leather  novelty  workers 425  100  525 

Typographical  union n,i75  274  n,449 

Upholsterers  and  trimmers 1,748  13  1,761 

Actors 7,000  1,000  8,000 

1  Twenty-five  other  international  unions    4,295  78  4,373 

1  Local  trade  and  labor  unions 8,968  1,619  10,587 

8.  Table  showing  the  national  unions  not  affiliated  with  the 
American  Federation  of  Labor  with  the  members  of  each  sex 
in  the  locals  of  New  York  State  (191 5): 

Men  Women  Total 

Actors 1,213  589  1,802 

Bookbinders 1,425  125  1,550 

Post-office  clerks 4,444  77  4, 521 

Industrial  Workers  of  the  World 3, 610  19  3,629 

Musical  and  theatrical  union 1,622  3  1,625 

Shoe  workers 1,684  34  1,718 

1  Sixteen  other  international  unions ...  .     2,730  74  2,804 

1  Local  unions 36,437  2,058  38,495 

xNot  all  these  have  women  in  membership. 


PART  III 
COLLECTIVE  BARGAINING 


CHAPTER  X 
THE   STRIKE 

DEFINITION 

To  define  the  terms  strike  and  lockout  seems  comparatively 
simple.  Yet  there  is  not  an  unqualified  agreement  as  to  what 
the  definitions  should  express.  The  need  for  clearness  becomes 
apparent  as  soon  as  any  analytical  study  of  labor  disturbances 
is  begun. 

Federal  Bureau  of  Labor.  —  In  the  earlier  reports  of  the 
Federal  Bureau  of  Labor,  little  attention  was  given  to  formal 
definition.  "A  strike,"  it  explained,  in  the  Sixteenth  Annual 
Report,  "occurs  when  the  employees  of  an  establishment  refuse 
to  work  unless  the  management  complies  with  some  demand; 
a  lockout  occurs  when  the  management  refuses  to  allow  the 
employees  to  work  unless  they  will  work  under  some  condition 
indicated  by  the  management.  It  appears,  therefore,  that 
these  two  classes  of  industrial  disturbances  are  practically 
alike,  the  main  distinction  being  that  in  a  strike  the  employees 
take  the  initiative,  while  in  a  lockout  the  employer  first  makes 
some  demand  and  enforces  it  by  refusing  to  allow  his  employees 
to  work  unless  it  is  complied  with."  Three  years  later  the 
definitions  used  were  more  formal  and  a  degree  more  exact 
as  well.  As  used  in  the  1904  report  a  strike  is  "A  refusal  by 
the  employees  of  an  establishment  to  work  unless  the  employer 
complies  with  some  demand  made  by  the  former  or  withdraws 
some  obnoxious  demand  made  by  himself."  A  lockout  is  "A 
refusal  by  the  employer  to  allow  his  employees  to  work  in  his 
establishment  unless  they  will  comply  with  some  demand  as 
to  the  conditions  of  employment  made  by  him."  The  principal 
distinction,  as  pointed  out,  is  "in  one  case  the  employees  take 
the  initiative  in  regard  to  discontinuance  of  work  in  an  establish- 
ment and  in  the  other  case  the  initiative  is  taken  by  the  em- 
ployer." 

159 


160    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Two  years  later  the  Bureau  stated  a  third  form  of  the  defi- 
nition again  somewhat  more  exact.  "A  strike  is  a  concerted 
withdrawal  from  work  by  a  part  or  all  of  the  employees  of  an 
establishment,  or  several  establishments,  to  enforce  a  demand 
on  the  part  of  employees."  "A  lockout  is  a  refusal  on  the 
part  of  an  employer,  or  several  employers,  to  permit  a  part 
or  all  of  the  employees  to  continue  at  work,  such  refusal  being 
made  to  enforce  a  demand  on  the  part  of  employers."  For 
purposes  of  the  classification  made  in  accordance  with  them 
these  definitions  served  well,  but  they  cannot  be  accepted  as 
in  all  respects  satisfactory. 

Another  type  of  definition  is  important.  A  good  instance 
is  that  taken  from  the  Canadian  Industrial  Disputes  Act:  a 
strike  is  "the  cessation  of  work  by  a  body  of  employees  acting 
in  combination,  or  a  concerted  refusal  or  a  refusal  under  a 
common  understanding  of  any  number  of  employees  to  continue 
to  work  for  an  employer,  in  consequence  of  a  dispute,  done  as 
a  means  of  compelling  their  employer,  or  to  aid  other  employees 
in  compelling  their  employer  to  accept  terms  of  employment." 

Comparison  of  these  definitions  and  others  that  might  be 
added  reveals  two  quite  separate  considerations.  In. one  the 
strike  is  regarded  simply  as  an  act  of  stopping  work.  In  the 
other  it  is  looked  upon  as  essentially  a  means  of  inducing  or 
compelling  an  employer  to  yield  to  certain  demands. 

Legal  Definition.  —  When  approached  from  the  standpoint 
of  legal  definition  another  interesting  distinction  appears.  A 
Federal  Circuit  Judge  has  given  in  one  of  his  opinions  (Farmers' 
Loan  and  Trust  Co.  vs.  Northern  Pacific  R.  R.  Co.,  60  Fed.,  803) 
an  interesting  analysis.  Recognizing  that  the  legality  of  a 
strike  must  be  determined  largely  by  the  meaning  of  the  term, 
the  Judge  examines  a  variety  of  definitions  from  dictionaries, 
both  literary  and  legal.  His  conclusion  is  that  there  are  in 
the  group  of  definitions  two  controlling  ideas:  "extorting  by 
compulsion  from  the  employer  certain  concessions"  and  "ces- 
sation of  labor,  but  not  the  abandonment  of  employment." 
Both  these  elements,  it  is  urged,  are  present  in  any  strike.  If 
the  latter  be  omitted  from  the  definition,  then  the  term  comes 
to  represent  the  ideal,  never  existent  in  fact  and  certainly  not 
the  strike  of  history.  The  definition  that  he  offers  is:  "A 
combined  effort  among  workmen  to  compel  the  master  to  the 


THE  STRIKE  161 

concession  of  a  certain  demand,  by  preventing  the  conduct 
of  his  business  until  compliance  with  the  demand."  To  this 
he  adds:  "The  concerted  cessation  of  work  is  but  one  of,  and 
the  least  effective  of,  the  means  to  the  end;  the  intimidation-- 
of  others  from  engaging  in  the  service,  the  interference  with, 
and  the  disabling  and  destruction  of,  property,  and  resort  to 
actual  force  and  violence,  when  requisite  to  the  accomplishment 
of  the  end, being  the  other,  and  more  effective,  means  employed." 

That  this  view  does  not  go  unchallenged  among  jurists  appears 
in  the  opinion  reviewing  this  case  before  the  court  of  appeals. 
Here  it  was  asserted  that  the  court  was  not  prepared  to  go  as 
far  in  defining  the  term.  "A  combination  among  employees, 
having  for  its  object  their  orderly  withdrawal  in  large  numbers 
or  in  a  body  from  the  service  of  their  employers,  on  account 
simply  of  a  reduction  in  their  wages"  is  a  strike  as  that  term 
is  commonly  used.  To  this  the  Justice  adds  the  simple  state- 
ment of  Sir  James  Hannan  of  the  Queen's  Bench;  a  strike  is 
a  "  simultaneous  cessation  of  work  on  the  part  of  the  workmen. " 
(Arthur  vs.  Oakes,  63  Fed.,  310.) 

From  these  statements  it  will  appear  that  while  in  the  matter 
of  an  exact  definition  there  is  not  entire  agreement,  yet  there 
are  certain  elements  that  are  necessary  to  any  definition.  With 
these  in  mind  a  strike  may  be  defined  as  a  cessation  of  work 
by  a  group  of  employees  by  preconcerted  agreement  for  the 
purpose  of  enforcing  a  demand  concerning  the  conditions  of 
employment.  Such  cessation  may  concern  a  single  department, 
branch  or  subdivision  of  a  shop,  or  it  may  extend  to  factories 
in  different  unrelated  industries.  The  strikers  may  or  may 
not  insist  upon  retaining  a  claim  to  the  places  struck  against. 
Though  doubtless  of  much  importance  as  a  matter  of  tactics 
in  the  conduct  of  the  strike,  such  a  claim  is  not  an  essential 
element.  The  strikers,  confident  of  the  dependence  of  the 
former  employer  upon  them,  may  withdraw  entirely  and  await 
the  time  when  he  will  feel  obliged  to  yield  to  their  demands  and 
offer  them  their  former  positions.  Such  incidental  features  are 
often  of  much  consequence  in  determining  the  kind  of  strike  or 
the  tactics  used  in  its  conduct.  They  are  not,  however,  essential 
elements. 

The  Lockout.  —  After  discovering  the  elements  of  the  defi- 
nition of  a  strike,  there  remains  the  lockout.    The  only  differ- 


162    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ence,  as  pointed  out  in  the  earlier  definitions,  is  that  of  initiative. 
If  the  employees  start  the  disturbance  it  is  a  strike;  if  the  em- 
ployer acts  first,  it  is  a  lockout.  This  may  serve  as  a  basis  of 
tabulation,  but  it  is  lacking  in  thorough  analysis.  The  employ- 
ees may  be  pushing  their  demands  and  threatening  a  strike. 
The  employer,  seeing  some  tactical  advantage  in  not  allowing 
his  men  to  act  first,  may  turn  the  key  to  the  workshop  door 
just  as  he  thinks  the  men  are  ready  to  walk  out.  A  day  later 
the  disturbance  would  have  been  a  strike.  A  day  earlier  it  is 
a  lockout.  The  difference  between  a  strike  and  a  lockout  then 
becomes  not  so  much  the  initiative  in  the  dispute.  It  is  simply 
a  difference  of  twenty-four  hours.  Or,  again,  the  employees 
may  be  pushing  their  demands.  Knowing  that  a  strike  on  the 
question  of  wages  is  inevitable  the  employer  may  suddenly 
break  off  negotiations,  refuse  to  treat  with  the  union  officials 
and  lock  out  the  men  for  the  ostensible  reason  that  his  business 
is  his  private  affair  and  that  he  refuses  to  recognize  the  union. 
This  then  is  a  strike  over  wages  if  left  till  to-morrow  but  a  lock- 
out over  recognition  of  unions  if  called  to-day. 

"Attack  Strike":  "Defense  Strike."  —  Obviously  the  ini- 
tiative in  bringing  about  the  cessation  of  work  is  not  the  same  as 
the  initiative  in  starting  the  dispute.  The  Massachusetts  Bureau 
of  Labor  has  recognized  this  difficulty  and  has  sought  to  meet 
it  by  a  classification  on  the  basis  of  the  party  that  raised  the 
point  about  which  the  issue  centers  or  that  first  makes  the 
demand  for  change  to  which  the  other  party  refuses  assent. 
This  eliminates  the  difference  between  strike  and  lockout  and 
so  it  has  been  proposed  that  the  terms  be  dropped.  As  sub- 
stitutes this  department  has  suggested  the  terms  "attack  strike" 
and  " defense  strike."  An  attack  strike  is  one  in  which  "ces- 
sation of  employment  results  from  a  movement  begun  in  the 
first  instance  by  the  employees";  a  defense  strike  is  one  in 
which  "cessation  of  employment  results  from  the  initiative 
taken  by  the  employer  in  making  some  change  in  the  conditions 
of  employment."  A  classification  made  on  this  basis  is  more 
satisfactory.  It  is  more  important  to  know,  as  far  as  possible, 
the  real  cause  of  the  disturbance  than  to  try  to  tell  who  first 
caused  the  stoppage  of  work;  more  significant  to  know  what 
troubles  led  to  the  outbreak  than  to  have  the  knowledge  limited 
simply  to  the  beginning  of  open  hostility.    Though  the  use  of 


THE  STRIKE  163 

the  terms  attack  and  defense  strike  is  more  scientific  and  leads 
to  keener  analysis,  they  will  undoubtedly  be  slow  of  adoption 
because  it  is  so  difficult  to  adjust  them  for  comparative 
purposes  to  data  already  recorded. 

EARLY   STRIKES 

Of  strikes  prior  to  the  last  quarter  of  the  nineteenth  century 
little  is  known.  Their  occurrence  attracted  but  slight  atten- 
tion at  the  time.  Those  that  occasioned  more  than  local  dis- 
turbance found  their  way  into  the  passing  records  of  the  day, 
but  these  were  soon  lost.  Only  a  more  recent  and  thoroughly 
organized  search  for  these  lost  accounts  has  brought  some  of 
them  to  fight.  These  findings  are  of  course  incomplete,  yet 
they  warn  us  very  positively  against  the  error  of  supposing  that 
the  strike  is  in  any  sense  a  modern  device.  The  importance 
attached  to  it  in  recent  years  is  a  relative  one  only.  The  strike 
is  old,  older  in  fact  than  labor  organization  itself. 

Resorted  to,  as  they  were,  with  steadily  increasing  frequency 
and  carrying  with  them  consequences  more  and  more  serious, 
strikes  attracted  public  attention  to  such  a  degree  that  the 
Tenth  Census  (1880)  embodied  a  special  report  on  the  subject. 
The  Federal  Bureau  of  Labor  then  took  up  a  more  thorough 
investigation,  beginning  with  the  year  188 1. 

The  first  strike  in  the  United  States  of  which  record  has  been 
discovered  occurred  in  1741.  References  found  in  the  literature 
of  later  periods  refer  to  a  strike  in  that  year  among  the  journey- 
men bakers  (probably)  of  New  York  City.  For  over  half  a 
century  after  that  time,  no  serious  trouble  of  this  kind  appears 
to  have  occurred.  If  there  were  strikes  during  this  time,  the 
records  of  such  have  not  yet  come  to  light.  Fifty-one  years 
later,  1792,  there  appears  the  first  record  of  the  existence  of  an 
organization  among  the  journeymen  shoemakers  of  Philadelphia. 
These  workmen  appear  to  have  been  more  than  ordinarily  ag- 
gressive. They  called  a  strike  in  1796,  one  in  1798  and  again 
in  1799.  The  first  two  of  these  were  for  an  increase  in  wages 
and  were  successful.  The  last  was  against  a  reduction  of  wages 
and  was  only  partly  successful.  About  one  hundred  men  ap- 
pear to  have  been  concerned.  In  1805  these  same  journeymen 
"turned  out"  again  in  support  of  a  demand  for  more  wages. 


164    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

This  strike  was  not  successful.  The  masters  brought  charges 
of  conspiracy  against  the  leaders  in  the  Mayor's  Court  of  the 
city  of  Philadelphia.  The  trial  lasted  three  days  and  aroused 
unusual  interest.  The  decision  rested  on  the  doctrine  that  a 
combination  to  raise  wages  is  conspiracy  and  as  such  is  unlawful. 
The  defendants  were  found  guilty  and  fined  eight  dollars  each 
and  costs. 

During  this  early  period  the  journeymen  shoemakers  were 
among  the  most  active  workmen  in  resorting  to  the  strike. 
Other  early  cases  are  found  among  sailors,  printers,  shipbuilders, 
hat  workers,  spinners  and  weavers.  Eight  separate  strikes  of 
shoemakers  during  these  early  years  were  of  sufficient  impor- 
tance to  lead  to  trials  in  court  and  the  cases  were  tried  in  various 
cities  in  Pennsylvania,  New  York,  Maryland  and  Massachu- 
setts. 

The  period  prior  to  1881  may  be  divided  roughly  into  three 
subdivisions.  Before  about  1835  the  strikes  were  few  and  of 
small  consequence.  Investigation  shows  that  in  all  the  years 
previous  to  1835  there  were  possibly  twenty-four  strikes  of 
which  the  records  have  been  preserved.  Most  of  these  related 
to  wages  and  in  over  half  of  them  it  is  not  known  whether  they 
were  successful  or  not.  From  1835  to  1870  the  change  is  quite 
noticeable.  To  be  sure,  the  records  of  these  years  are  better 
preserved  and  consequently  our  information  is  more  satisfac- 
tory. Yet  in  addition  to  this  it  remains  to  be  emphasized  that 
the  spirit  of  reform  agitation  was  active  and  expressed  itself 
in  demonstrations  of  workingmen,  sometimes  involving  but  a 
few  and  at  other  times  including  several  hundred.  In  this 
period  the  record  shows  about  three  hundred  strikes,  most 
of  which  dealt  with  wages  and  hours  of  labor  and  a  large  pro- 
portion of  which  did  not  succeed. 

In  the  seventies  more  serious  disturbances  began  to  occur, 
and  assume  proportions  that  were  regarded  as  alarming.  By 
that  time  industrial  changes  had  come  about  that  made  strikes 
more  disastrous.  The  associations  of  workingmen  were  not  only 
more  numerous  but  more  powerful.  Experience  was  beginning 
to  show  that  stronger  organization  was  necessary.  Immigration 
was  responsible  for  large  foreign  elements  more  turbulent  and 
less  amenable  to  American  methods  of  control. 

The  great  railroad  strikes  of  1877  mark  the  first  serious  dis- 


THE  STRIKE  165 

turbances.  These  struggles  began  over  a  ten  per  cent  reduction 
in  wages.  Other  grievances  over  which  the  employees  had  been 
brooding  for  months  stimulated  the  men  and  the  strike  spread. 
In  the  same  year  began  a  series  of  strikes  in  the  Ohio  coal  fields 
which  continued  intermittently  over  several  years,  at  times 
resulting  in  serious  rioting  and  conflicts  with  the  militia.  In 
the  seventies  alone  there  were  nearly  four  hundred  disturbances. 
Though  a  large  number  of  these  still  dealt  with  wages,  an  in- 
creasing proportion  arose  over  other  causes. 

Though  the  tabulation  of  strikes  prior  to  188 1  is  of  course 
incomplete,  an  analysis  of  the  table  shows  that  in  the  thirties 
and  forties  strikes  varied  from  one  to  eleven  a  year,  the  average 
being  three.  The  average  for  the  fifties  was  6.3 ;  for  the  sixties, 
7.1;  and  for  the  seventies,  30.6. 

Though  the  numerical  value  of  such  a  count  is  small,  yet, 
allowing  for  the  increasing  certainty  of  finding  records  of  strikes 
in  the  later  years,  the  evidence  is  clear  that  strikes  were  steadily 
increasing  in  number  as  well  as  seriousness.  The  summary  of 
the  table  shows  a  record  of  1,491  strikes  prior  to  1881,  1,089  oi 
which  related  to  wages.  Success  followed  in  316,  failure  re- 
sulted in  583,  while  154  were  compromised  and  in  438  instances 
the  outcome  is  unknown. 

Such  information  as  has  been  brought  to  light  indicates  that 
during  the  nineteenth  century  there  was  a  generally  accepted 
idea  that  strikes  were  somehow  inevitable.  They  did  not  deal 
exclusively  with  wages  and  hours  of  labor.  Wages  were  of 
course  an  ever  present  source  of  friction.  Hours "oTTabor  were 
not  easily  adjusted.  Customary  long  hours  withstood  with 
some  strength  the  reform  movements  in  favor  of  a  shorter  day. 
Strikes  for  the  ten-hour  day  were  frequent.  Most  of  them  failed, 
and  that  largely  because  the  influx  of  immigration  furnished  a 
supply  of  foreigners  ready  to  work  the  longer  hours.  In  183 1 
a  machinists'  strike  involving  about  sixty  men  was  called  to 
secure  permission  to  quit  work  at  sundown.  The  employer  was 
requiring  work  till  seven-thirty  o'clock.  The  strike  failed,  the 
records  tell  us,  because  there  were  found  plenty  of  men  to  take 
their  places.  At  about  the  same  time  a  strike  for  shorter  hours 
was  successfully  resisted  on  the  ground  that  it  was  "customary" 
for  men  to  work  the  longer  day. 

Conservatism  did  not  always  fight  on  the  side  of  the  em- 


166    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ployer.  Somewhat  later  some  coal  operators  sought  to  intro- 
duce some  improved  methods  of  blasting  in  the  mines  to  avoid 
slack  and  secure  larger  lumps  of  coal.  The  miners  opposed  the 
change  and  demanded  the  right  to  blast  the  coal  as  they  thought 
proper.  They  struck  to  maintain  the  old  system.  The  tem- 
perance agitation  that  swept  the  country  did  not  pass  without 
its  effect.  In  1817  a  Medford  shipbuilder  determined  to  abolish 
the  grog  custom.  It  was  usual  to  furnish  drink  to  the  work- 
men at  intervals  during  the  day.  The  men  struck  upon  the 
announcement  that  grog  would  not  be  furnished.  They  did 
not  like  the  innovation.  They  could  not  carry  their  point  and 
later  returned  to  work.  In  1839  the  records  tell  us  that  the 
employees  of  a  railroad  struck  demanding  an  increase  in  pay 
and  more  whiskey.  Their  allowance  at  the  time  was  one  and 
one-half  pints  each  per  day,  dealt  out  in  nine  doses.  During 
the  seventies  a  writer  tells  us  that  it  appeared  to  be  the  general 
opinion  in  many  parts  of  the  coal  regions  that  "unless  there 
occurred  a  general  strike  on  the  average  of  two  years,  things 
did  not  seem  to  be  exactly  right."  Both  employers  and  em- 
ployees regarded  the  strike  as  a  necessary  evil. 

ANALYSIS   OF   STRIKE   STATISTICS 

Number  of  Strikes.  —  Strikes  have  come  to  be  more  than 
mere  incidents  in  industry.  Their  importance  has  led  to 
serious  effort  to  learn  as  much  as  possible  of  their  industrial 
significance.  Complete  and  accurate  information  is  not,  easy 
to  obtain,  important  as  it  would  be.  The  Federal  Bureau  of 
Labor  has  gathered  the  most  complete  data  and  on  this  it  is 
possible  to  base  some  conclusions.  The  information  covers  a 
period  of  twenty-five  years,  1881-1905.  During  this  time  there 
occurred  in  the  United  States  38,303  strikes  and  lockouts  that 
lasted  twenty-four  hours  or  longer.  (In  the  five-year  period, 
1901-1905,  the  government  investigators  found  641  "fractional 
day"  strikes,  leading  to  the  actual  closing  of  326  establishments 
out  of  a  total  of  790.  In  these  790  establishments  the  strike 
was  successful  in  551  and  partially  successful  in  42.)  These  dis- 
turbances involved  199,954  establishments  and  a  total  of 
7,444,279  employees.  Others  were  thrown  out  of  work  as  a 
direct  result  and  this  number  raises  the  total  by  2,000,000 


THE  STRIKE  167 

more.  To  trace  the  results  numerically  farther  than  this  is  not 
possible.  It  is  evident,  however,  that  within  a  quarter-century 
more  than  10,000,000  persons  ceased  work  during  the  adjust- 
ment of  the  conditions  that  caused  the  strike  or  lockout. 

Of  course  this  large  number  was  not  out  of  work  at  one  time 
nor  should  it  be  inferred  that  that  number  of  separate  individuals 
was  involved.  Statistically  considered,  however,  that  is  a  show- 
ing formidable  enough  to  indicate  the  seriousness  of  the  strike 
and  lockout  as  an  industrial  problem. 

Of  this  entire  number  slightly  less  than  ten  per  cent  were 
females.  The  percentage  of  females  that  went  out  on  strike 
(9.4%)  is  noticeably  smaller  than  the  proportion  (15.8%)  that 
was  locked  out. 

It  is  not  possible  to  state  accurately  the  amount  of  time  lost 
in  these  disturbances.  Of  the  entire  199,954,  the  average 
duration  was  30.8  days.  But  neither  strikes  nor  lockouts  neces- 
sarily result  in  closing  an  entire  establishment,  though  generally 
work  is  stopped.  Taking  124,000  cases,  or  85%  of  the  entire 
number,  the  establishments  were  actually  closed  an  average  of 
twenty-three  days.  Lockouts  appear  to  last  longer  than  strikes. 
The  average  length  of  strikes  was  twenty-five  days  and  of 
lockouts  eighty- four  days;  the  average  time  of  actually  closing 
up  was  for  strikes  twenty  days  and  for  lockouts  forty  days. 


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168 


THE  STRIKE  169 

In  Table  No.  1  is  shown  by  years  for  this  quarter-century 
period  the  number  of  both  strikes  and  lockouts,  the  number 
of  establishments  affected,  persons  engaged  in  the  strike,  and 
persons  thrown  out  of  work  because  of  the  strike  in  each  year. 
The  irregularly  rising  curves  (as  shown  in  Charts  2,  3,  4)  indicate 
the  increasing  frequency  of  strikes,  numerically  considered. 
The  further  seriousness  is  shown  by  the  curves  of  establishments 
involved  and  of  employees  on  strike  and  thrown  out  of  work. 
The  period  of  relatively  least  disturbance  was  from  188 1  to 
1885  and  of  greatest  disturbance  centering  around  1903.  Be- 
tween these  times  the  wave-like  appearance  is  significant  of 
alternating  storm  and  calm  that  necessitates  much  reading 
between  the  lines. 

Value  of  the  Count.  —  Any  statistical  summary  of  strikes 
and  lockouts,  while  being  of  unquestioned  importance,  must 
not  be  taken  as  saying  the  final  word.  The  industrial  signifi- 
cance is  shown  only  so  far  as  numerical  statement  goes.  One 
strike  is  by  no  means  the  equivalent  of  another,  though  each 
counts  one  in  a  table.  Counting  establishments  involved  helps 
to  remedy  this  defect.  The  number  of  persons  engaged  in  the 
strike  and  the  number  thrown  out  of  work  as  a  direct  result 
shed  further  light  on  their  significance.  In  Chart  No.  5  the 
curves  show  the  changes  in  each  of  these  particulars.  The 
steady  rise  of  the  curve  of  number  of  strikes  tells  its  own  story. 
Much  more  irregular  are  the  changes  in  the  number  of  establish- 
ments affected.  The  number  of  strikers  and  persons  thrown 
out  of  work  reveals  the  most  irregular  situation.  At  three 
previous  points  is  the  line  higher  than  at  its  end.  From  1890 
to  1898  the  number  of  strikes  shows  a  decline.  The  number 
of  establishments  reveals  the  same  except  there  are  greater 
variations.  In  both  of  these  curves  the  1890  point  is  higher 
than  the  1898  point.  Neither  of  these  curves  reveals  so  clearly 
the  situation  in  1894  as  does  that  of  the  number  of  strikers. 
From  1899  to  the  end  the  relative  changes  in  the  curves  are 
less. 

Other  considerations  are  of  great  consequence  both  industrially 
and  socially.  These  cannot  be  measured  statistically  and  there- 
fore are  not  capable  of  being  introduced  into  a  table  or  plotted  in 
a  curve.  High  or  low  wage  labor  amounts  to  more  than  a  simple 
estimate  of  total  wages  lost.    High  wage  and  therefore  skilled 


170    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  2 
Number  of  Strikes  and  Lockouts  Combined 


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THE  STRIKE 


171 


CHART  NO.  4 
Number  of  Strikers  and  Persons  Thrown  out  of  Work 


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CHART  NO.  5 

Strikes  and  Lockouts:  Establishments  and  Strikers 

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B- Number  of  establishments 


A  •  Number  of  strikes  and  lockouts 

C  •  Number  of  strikers •» 


172    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

labor  can  better  afford  the  financial  strain  of  a  strike.  Even  a 
short  strike  of  low-wage  laborers  may  be  more  serious  in  its 
effect  upon  the  strikers  than  one  of  somewhat  longer  duration 
in  which  high-wage  workmen  are  involved.  Similarly  complex- 
ity of  plant  and  character  of  machinery  and  other  equipment 
greatly  modify  conclusions  drawn  solely  from  duration  of  a  strike. 

Again  the  nature  of  the  industry  is  important.  Here  the 
matter  is  one  ofbroader  social  significance.  A  public  utilities 
strike  is  at  once  recognized  as  serious.  The  line  is  not  easy  to 
draw  because  the  differences  between  public  utilities  and  private 
enterprises  are  after  all  differences  of  degree  rather  than  kind. 
An  anthracite  coal  strike  converts  many  to  the  policy  of  public 
ownership  of  mines.  Serious  railroad  strikes  always  start  pub- 
lic agitation  for  compulsory  arbitration  and  government  owner- 
ship. Manufacturing  establishments  that  supply  the  markets 
with  luxuries  might  be  closed  for  months  without  causing  much 
comment  outside  of  a  narrow  circle  of  consumers  in  addition 
to  the  employees  and  employers  directly  concerned.  On  the 
other  hand,  let  the  bakers  of  a  city  go  on  strike  for  a  day  and 
the  entire  populace  is  disturbed.  Necessities,  necessary  com- 
forts, comforts,  luxuries  are  difficult  of  definition.  Their  elas- 
ticity of  demand  does  not  yield  to  accurate  analysis.  They 
cannot  easily  be  subordinated  to  tabular  statement.  Yet  no 
one  can  doubt  that  they  demand  consideration  in  any  effort 
to  measure  either  the  industrial  or  the  social  significance  of 
strikes  and  lockouts. 

It  must  be  remembered  that  the  average  strike  like  the  aver- 
age man  is  a  statistical  fiction.  No  strike  is  at  all  likely  to  last 
the  average  length  of  time.  Much  less  probably  will  it  involve 
the  average  number  of  workmen.  Similarly  in  no  period  of 
time  will  there  be  the  average  number  of  strikes,  with  the  aver- 
age amount  of  time,  wages  and  other  losses  incurred. 

Statistics  of  strikes  have  a  meaning  and  their  compilation  is 
a  distinct  service.  Their  value  should  be  measured  in  relation 
to  other  facts  and  must  not  be  overestimated. 

CAUSES  OF  STRIKES 

The  problem  of  assigning  causes  to  strikes  is  one  of  serious 
difficulty.  Many  troublesome  elements  enter  in  to  contribute 
to  the  confusion.  The  distinction  pointed  out  between  attack 


THE  STRIKE  1 73 

strikes  and  defense  strikes,  if  consistently  made,  would  aid  in 
clearing  up  some  of  the  confusion.  There  are,  however,  other 
points  that  remain. 

Value  of  Stating  Causes.  —  The  support  of  public  opinion 
is  coming  more  and  more  to  be  regarded  as  a  valuable  asset 
in  time  of  strike.  This  leads  to  statements  of  causes  that  are 
framed  for  their  effect  on  public  opinion.  To  the  extent  that 
this  is  done  a  classification  of  causes  becomes  unreliable.  A 
few  years  ago  a  desperate  strike  occurred  on  the  street  car  lines 
of  a  large  eastern  city.  The  system  was  completely  tied  up 
and  the  city  finally  put  under  practically  martial  law.  The 
strike  began  because  two  or  three  men  refused  to  join  the  union 
that  had  recently  been  formed.  The  men  demanded  their 
discharge;  the  company  refused;  and  the  strike  was  called. 
A  committee  of  the  strikers  consulted  a  lawyer  to  secure  his 
services  as  counsel  during  the  strike.  He  refused  to  act  in  such 
capacity  unless  the  strikers  changed  their  demands  and  asked 
for  an  increase  in  wages.  The  company  was  very  unpopular. 
For  months  the  city  government  had  been  trying  to  secure 
transfers  and  these  the  company  steadily  refused  to  grant. 
Even  policemen  and  mail  carriers  were  obliged  to  pay  fares. 
The  profits  of  the  company  were  popularly  supposed  to  be 
large.  It  was  thought  that  while  a  demand  to  unionize  the 
lines  would  not  meet  with  general  support,  a  struggle  for  an 
advance  in  pay  would  win  popular  approval.  The  change  in 
tactics  was  made  and  the  strike  fought  through  on  the  question 
of  wages.  In  the  final  settlement  a  wage  increase  was  granted, 
while  the  non-union  men  were  retained  in  the  service  of  the 
company  but  with  the  understanding,  however,  that  they  should 
be  used  only  as  barn  men,  not  to  be  given  routes.  The  cause 
of  this  strike  was  unionism.  It  was  fought  through  with  the 
public  understanding  that  an  advance  in  wages  was  the  issue. 
The  result  was  that  wages  were  advanced  while  the  question  of 
unionism  was  compromised.  An  aggressively  fought  teamsters' 
strike  in  Chicago  in  1905  was  ostensibly  undertaken  in  defense 
of  the  garment  workers,  though,  as  Jane  Addams  explains, 
it  really  arose  from  causes  "so  obscure  and  dishonorable  that 
they  never  yet  have  been  made  public."  The  laundry  workers 
of  Chicago  more  recently  met  and  drew  up  a  set  of  demands 
for  their  employers'  consideration.    There  had  just  been  formed 


174    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  Laundry  Owners'  Association.  When  the  demands  were 
presented,  they  were  promptly  refused  and  the  next  day  the 
laundry  workers  found  themselves  locked  out  from  their  own 
concerns  and  also  from  every  other  laundry  in  the  association. 
On  a  large  interurban  trolley  line  a  hard  fought  strike  arose 
in  which  the  strikers  demanded  more  pay  and  better  hours. 
Investigation  afterward  showed  that  this  strike  was  really  a 
case  of  a  union  newly  formed  with  aggressive  young  men  as 
leaders  trying  themselves  out. 

When  the  question  of  legality  may  be  involved,  the  statement 
of  causes  becomes  still  less  reliable.  In  a  strike  of  bricklayers 
in  Massachusetts,  the  employers  appealed  to  the  court  to  have 
the  strike  declared  illegal.  Before  the  court  four  causes  or  ob- 
jects of  the  strike  were  named:  increase  of  wages,  shorter  day, 
foremen  to  be  members  of  the  union,  and  free  access  to  the 
buildings  for  the  business  agents  of  the  union.  In  writing  the 
opinion  the  judge  considered  the  lawfulness  of  these  causes. 
The  first  two  were  lawful  objects  of  a  strike.  The  third  and 
fourth  raised  "more  difficult  questions."  But  the  judge  found 
it  unnecessary  to  deal  with  that  difficulty.  The  employer  had 
replied  to  all  four  demands  with  a  refusal.  That,  in  the  opinion 
of  the  court,  made  the  strike  simply  one  for  higher  wages  and 
a  shorter  day,  and  therefore  a  lawful  strike.  Had  the  third  and 
fourth  demands  been  urged  alone  the  outcome  might  have 
been  quite  different.  (Willcutt  vs.  Bricklayers'  Union,  85  N.  E., 
897.)  Here  is  a  method  that  unionists  may  be  quick  to  take 
advantage  of  in  those  states  where  the  legal  rights  of  the  strike 
are  more  restricted.  To  whatever  list  of  grievances  the  workmen 
may  have  it  needs  but  the  addition  of  one  or  two  concerning 
wages  and  the  hours  of  labor  and  the  legality  is  assured.  The 
legal  security  gives  a  fighting  advantage,  but  such  tactics  will 
greatly  obscure  statements  of  causes  of  strikes. 

From  these  several  considerations  it  is  evident  that  to  formu- 
late clearly  the  specific  causes  of  strikes  is  extremely  difficult, 
quite  entirely  defeating  scientific  accuracy.  At  the  same  time 
the  analyses  that  have  been  made  and  those  that  will  continue 
to  be  made  have  a  practical  usefulness.  They  assist  in  revealing 
tendencies.  They  approximate  a  sufficient  degree  of  exactness  to 
enable  them  to  be  used  safely  as  bases  for  programs  of  regulation 
if  such  programs  are  carefully  framed  and  revised  at  intervals. 


THE  STRIKE  175 

Classification  of  Causes.  —  An  elaborate  analysis  of  causes 
appears  in  the  federal  government  report  already  referred  to. 
Fourteen  causes  are  named  as  covering  the  field.  These  are, 
(1)  For  increase  of  wages;  (2)  Against  reduction  of  wages;  (3) 
For  reduction  of  hours;  (4)  Against  increase  of  hours;  (5)  Con- 
cerning recognition  of  union  and  union  rules;  (6)  Concerning 
employment  of  certain  persons;  (7)  Concerning  employees 
working  out  of  regular  occupation;  (8)  Concerning  overtime 
work  and  pay;  (9)  Concerning  method  and  time  of  payment; 
(10)  Concerning  Saturday  part  holiday;  (11)  Concerning  dock- 
ing, fines,  and  charges;  (12)  Concerning  working  conditions 
and  rules;  (13)  In  sympathy  with  strikers  and  employees  locked 
out  elsewhere;  (14)  Other  causes  not  specified  above.  As  strikes 
so  frequently  result  from  several  causes,  it  is  necessary  to  double 
the  list,  including  for  each  particular  cause  named  another  in 
which  that  cause  enters  as  in  part  responsible.  As  in  case  of 
a  strike  because  of  wages,  it  may  be  solely  for  an  increase  or 
it  may  be  for  an  increase  of  wages  combined  with  one  or  more 
other  causes. 

Of  the  several  causes  named,  the  most  important  are  those 
growing  out  of  wages,  hours  of  labor,  and  recognition  of  the 
union.  Of  these  the  question  of  wages  has  during  the  twenty- 
five  year  period  been  the  most  disturbing.  As  a  single  cause 
it  resulted  in  16,918  strikes,  or  43%  of  the  entire  number. 
Coupled  with  other  causes  there  were  3,425  (9%)  more.  Hours 
of  labor  were  responsible  for  a  total  of  1,996  (5.4%)  as  a  single 
cause  and  combined  with  other  causes  the  result  was  increased 
by  1,853  more  strikes  or  5%  of  the  total.  Recognition  of 
the  union  or  of  union  rules  alone  caused  6,926  strikes  (19%). 
As  a  contributing  cause  it  led  to  1,658  (4.5%)  more.  If  these 
are  combined,  it  appears  that  wages  either  alone  or  joined  with 
other  grievances  led  to  a  total  of  20,343  (53%) ;  hours  of  labor 
3,849  (10%);  and  union  recognition  8,584  (23%)  during  the 
quarter-century  covered  by  the  investigation.  Employment  of 
certain  persons  caused  alone  2,693  (7-3%)  strikes  and  sympathy 
with  other  strikes  or  with  lockouts  led  alone  to  1,346  (3.6%). 
These  last  two  causes  do  not  enter  into  combination  so  fre- 
quently as  the  three  that  have  already  been  named.  Under 
the  last  group  of  causes  (14)  there  were  1,624  strikes  (4.5%). 

It  is  evident  that  the  most  disturbing  factor  is  wages,  while 


176    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

hours  of  labor  yields  second  place  to  disputes  over  union  pre- 
rogatives. When  the  relative  importance  of  these  factors  is 
considered  the  conclusions  are  somewhat  modified.  The  curves 
in  Chart  No.  6  indicate  that  in  recent  years  wages  do  not  cause 
so  large  a  proportion  of  the  strikes  as  formerly.  The  curve, 
though  irregular,  falls  very  perceptibly.  On  the  other  hand, 
union  recognition,  at  first  of  relatively  small  consequence,  quite 
steadily  increases  in  importance  until  at  the  close  of  the  period 
it  successfully  rivals  wages  in  significance.  During  the  same 
period  in  which  these  two  factors  show  a  tendency  to  change 
places,  the  question  of  hours  does  not  vary  in  importance  to 
any  great  extent,  remaining  in  its  relation  below  both  of  the 
others  during  practically  the  entire  period. 

If  the  question  of  complex  causes  be  raised,  it  is  seen  from 
Chart  No.  7  that  there  is  but  little  change.  Causes  of  strikes 
have  generally  been  single  causes.  Combinations  of  grievances 
have  been  subordinate  in  importance,  with  a  slight  tendency  to 
increase  in  the  last  ten  years  of  the  period.  Of  the  entire  number 
of  strikes  for  the  period,  32,710,  or  89%,  grew  out  of  a  single 
grievance. 

Causes  of  Lockouts.  —  The  above  statement  pertains  to 
strikes  only.  As  to  lockouts  the  importance  of  the  causes 
changes  somewhat.  Recognition  of  the  union  and  union  rules 
head  the  list.  These  causes  combined  led  to  43%  of  the  entire 
number  of  lockouts  during  the  period.  These  causes  were  very 
persistent,  no  one  of  the  twenty-five  years  under  review  passed 
without  one  or  more  lockouts  occasioned  by  them.  The  number 
was  generally  well  distributed.  In  188 1  there  was  one  such 
lockout.  After  that  year  the  lowest  number  was  six,  in  1882, 
and  the  largest  was  76  in  1903. 

Disputes  over  wages  ranked  second  in  importance  among 
lockouts,  being  responsible  for  25%  of  the  number,  while  hours 
of  labor  caused  only  7%.     (See  Chart  No.  8.) 

RESULTS   OF   STRIKES 

It  is  difficult  to  measure  the  results  of  strikes  and  lockouts. 
The  consequences  to  industry  and  to  society  are  both  far-reach- 
ing and  complex.  No  tabular  statement  can  be  made  to  em- 
brace them  all.    It  should  not  be  overlooked  that  a  strike  may 


THE  STRIKE 
CHART  NO.  6 


177 


Strikes  Concerning  Wages,  Hours  and  Union  Recognition 

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A-  Per  cent  strikes  concerning  wages  alone 6-  Hours  alone  • 

C-  Recognition  of  unions  and  union  rules  ----- 


CHART  NO.  7 

Strikes  for  Combination  of  Causes 


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Unions  and  various  causes  -,— — — 


178    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  8 
Lockouts  Due  to  Wages,  Hours  and  Union  Recognition 


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after  as  the  result  of  the  strike,  that  strike  may  be  called  a  suc- 
cess. The  opposite  outcome  would  then  be  called  a  failure.  In 
case  there  were  several  points  in  dispute  and  some  were  gained 
by  strikers,  the  strike  might  be  called  successful  in  part,  or  a 
failure  in  part,  determined  by  the  point  of  view.  Within  this 
limited  meaning  of  the  terms,  an  analysis  of  the  strikes  shows 
the  following  results.  Taking  the  number  of  establishments 
as  a  basis  of  analysis  it  appears  that  strikers  won  their  point  in 
48%  of  the  establishments,  lost  in  37%,  and  succeeded  partly 
in  15%.  This  analysis  shows  the  larger  net  result  favorable  to 
strikers;  though,  if  the  employers  be  allowed  to  count  partial 


THE  STRIKE  179 

successes  as  also  partial  failures,  then  slightly  over  one-half 
of  the  results  (52%)  were  against  the  strikers.  The  fact  that 
each  side  must  add  the  partial  results  to  secure  a  clear  net  gain 
indicates  how  uncertain,  after  all,  the  outcome  is  and  how 
nearly  matched  the  opposing  forces  really  are. 

A  similar  analysis  of  lockouts  indicates  not  quite  the  same 
conclusions.  Employers  succeeded  in  enforcing  their  point 
m  57%  of  the  establishments,  failed  entirely  in  32%,  and  suc- 
ceeded partly  in  11%.  Here  the  employers  have  a  clear  ma- 
jority to  their  credit,  though  not  a  very  wide  margin  of  safety. 
Presumably  the  employer  is  better  able  to  estimate  his  chances 
of  success  and  can  act  with  greater  promptness  and  suddenness. 
These  advantages  doubtless  account  for  the  comparatively  large 
proportion  of  successes  that  attend  lockouts  as  compared  with 
strikes.    (See  Table  No.  9  and  Charts  Nos.  10  and  11.) 


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180 


THE  STRIKE 


181 


CHART  NO.  10 


Success  or  Strikes 


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f\ 

t\ 

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Percent  strikes  succeeded- 


Partly  succeeded  ■  ■  >  ■ »    Failed-— 


(Based  on  establishments) 


CHART  NO.  ii 

Success  of  Lockouts 


"■cNnvincoiveofflO— NnTincof-cooiO'-pinvin 
co  co  co  co  co  co  co  co  co  en  era  era  era  era  era  era  era  q  q  o  o  o  o  o  cz> 
co  co  co  co  co  co  co  co  oo  co  co  co  co  co  co  co  co  co  co  era  era  era  era  co  era 


95 
90 
85 
80 
75 
70 
65 
60 
55 
50 
45 
40 
35 
30 
25 
20 
15 
10 
5 
0 


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-  Partly  succeeded  - 
on  establishments) 


Failed——— 


182    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 


ORGANIZED   LABOR  AND   STRIKES 

By  no  means  do  all  strikes  involve  labor  organizations  nor 
are  they  caused  by  such  organizations  only.  Further  analysis 
of  the  data  covering  the  period  to  which  so  much  attention  has 
already  been  given  will  reveal  more  definitely  the  relation  of 
labor  unions  to  strikes.  Unions  were  responsible  for  47%  of 
the  strikes  that  occurred  in  1881  and  75%  of  those  in  1905. 
During  the  intervening  years  the  percentage  never  fell  below 
48%  and  rose  higher  than  82%,  the  median  being  65%  and  the 
percentage  for  the  entire  period  69%. 

When  the  number  of  establishments  is  considered,  it  is  found 
that  the  unions  caused  77%  in  188 1  and  92%  in  1905,  the 
median  being  89%  and  the  percentage  for  the  period  90.  (See 
Table  No.  12  and  Chart  No.  13).  Thus  it  appears  that  organi- 
zations have  been  the  more  aggressive  in  calling  strikes  and  that 
these  strikes  have  been  conducted  on  a  larger  scale,  involving 
a  proportionately  large  number  of  establishments. 


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183 


1 84    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

CHART  NO.  13 
Proportion  of  Strikes  Ordered  by  Union  and  Non-Union  Men 

COCOOcOCOCOOOa3030>0>0)acno3cnO}na}000000 

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Per  cent  strikes  ordered  by  organized  labor 


Per  cent  strikes  not  ordered  by  organized  labor 


In  terms  of  results  a  distinction  may  again  be  made  between 
strikers  acting  through  organization  and  those  striking  by  some 
concerted  action  that  could  not  properly  be  called  a  labor  or- 
ganization. Speaking  in  terms  of  establishments  and  referring 
to  the  strikers  as  union  or  non-union,  it  appears  that  in  1S81  the 
unions  succeeded  in  65%  of  the  establishments,  partly  suc- 
ceeded in  7%  and  failed  in  28%.  In  1905  success  came  in  42%, 
partial  success  in  11%,  and  failure  in  47%  of  establishments, 
the  median  being  54%  success,  12%  partially  successful,  and 
34%  failure;  and  the  percentages  for  the  entire  period  being 
respectively  49%,  16%,  and  35%.  Compared  with  this  show- 
ing for  organized  strikes,  the  non-union  strikes  show,  for  188 1, 
success  in  49%  of  the  establishments,  partial  success  in  8%,  and 
failure  in  43%.  For  the  last  year,  1905,  the  respective  percent- 
ages are  24,  13,  and  63.  The  medians  for  the  three  are  31%, 
9%  and  58%,  and  the  percentages  for  the  period  are  34,  10, 
and  56.    (See  Charts  14,  15.) 

On  the  whole  the  figures  throw  doubt  upon  the  ability  of 
unions  to  hold  their  own  as  striking  organizations.    The  same 


THE  STRIKE 


185 


CHART  NO.  14 


Success  of  Union  Strikes 


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80 
75 
70 
65 
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55 
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40 
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30 
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20 
15 
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Per  cent  succeeded  • 


Strikes  ordered  by  labor  organizations 
Per  cent  partly  succeeded  >  ■  ■  ■ 


Percent  failed—-— 


CHART  NO.  15 


Success  of  Non-Union  Strikes 

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Strikes  not  ordered  by  labor  organizations 
Percent  succeeded Percent  partly  succeeded-****-*-  Percent  failed. 


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4-W 

1 86    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

seems  to  be  true  in  establishments  where  the  strikes  are  not 
ordered  by  the  labor  organizations.  Unions  are  more  aggres- 
sive, perhaps  too  aggressive  to  assure  success.  Unorganized 
groups  on  the  other  hand  may  defer  a  strike  until  conditions 
become  so  serious  that  when  they  finally  do  undertake  a  strike 
their  chances  for  success  are  much  greater. 

Difficulty  of  Interpretation.  —  Much  interest  centers  around 
the  question  whether  or  not  strikes  are  increasing  in  number 
and  importance.  Though  the  data  gathered  for  the  period  of 
twenty-five  years  are  so  abundant  in  details,  there  is  difficulty 
in  interpreting  them.  The  changes  in  industrial  organization 
have  altered  materially  the  number  of  establishments  as  well 
as  the  relations  existing  between  them.  The  number  of  em- 
ployees is  changing  in  proportion  to  establishments.  Unions 
are  increasing  in  number,  are  including  steadily  larger  propor- 
tions of  unskilled  workmen,  and  are  adopting  new  policies. 
All  of  these  as  well  as  other  changes  exert  an  influence  on  strikes 
which  makes  any  comprehensive  interpretation  of  their  number 
uncertain.  Though,  as  has  been  said,  the  data  thus  collected 
covering  a  period  of  twenty-five  years  have  a  certain  value,  they 
are  important  because  suggestive  rather  than  otherwise.  The 
fact  that  no  effort  is  being  made  by  the  Department  of  Labor 
to  continue  the  reports  serves  in  itself  to  indicate  that  they  are 
not  of  enough  importance  to  warrant  the  necessary  expenditure 
of  time  and  money. 

In  two  different  detailed  studies  of  these  figures  may  be 
found  expression  of  their  significance.  With  regard  to  the  effect 
of  unionism  on  strikes  as  shown  by  the  past,  Huebner  says 
in  the  Twelfth  Biennial  Report  of  the  Wisconsin  Labor  Com- 
missioner: "On  the  basis  of  the  number  of  strikes  the  effect  is 
to  check  the  increase  as  trades  unionism  becomes  older  and 
more  experienced;  on  the  basis  of  the  number  of  employees 
and  establishments  affected  by  strikes,  the  effect  is  to  accelerate 
the  increase.  The  character  of  the  strike  is  being  changed  by 
the  union  so  that  it  is  becoming  of  increasingly  widespread 
importance  to  both  parties  and  to  the  community  at  large.  .  .  . 
Union  strikes  are  not  becoming  more  successful  even  though 
unionism  is  being  more  and  more  thoroughly  organized.  .  .  . 
Furthermore,  trades  unionism  affects  the  causes  of  strikes  by 
reducing  the  importance  of  the  purely  standard  causes  (wages 


THE  STRIKE  187 

and  hours)  and  increasing  the  importance  of  trades  unionism 
(closed  shop,  union  rules,  etc.)  as  a  cause  of  strikes." 

In  an  elaborate  study  of  strike  statistics  Professor  Cross 
analyzes  the  figures  from  many  important  angles  and  sums  up 
his  conclusions  in  ten  points. 

"(1)  That  strikes  have  increased  absolutely;  that,  as  com- 
pared with  the  growth  in  population,  they  have  increased 
relatively,  although  there  may  be  some  doubt  as  regards  their 
relative  increase  when  compared  with  the  increase  of  wage 
earners  in  the  manufacturing  industries. 

"  (2)  That  the  number  of  union  strikes  has  increased  more 
rapidly  since  1896  than  ever  before. 

"  (3)  That  it  is  not  so  much  the  restraining  influence  of 
unionism  as  the  loss  of  membership  and  bargaining  power, 
together  with  some  decrease  in  the  number  of  unions,  that 
causes  a  decrease  in  the  number  of  union  strikes  during  periods 
of  business  depression. 

"  (4)  That,  as  strikes  increase,  the  average  number  of  strikers, 
establishments,  and  employees  affected  per  strike  decrease, 
and,  as  strikes  decrease,  the  size  of  the  average  strike  increases. 

"  (5)  That  the  average  number  of  strikers,  establishments 
and  employees  affected  per  strike,  —  i.  e.,  the  size  of  the  average 
strike,  —  has  tended  to  decrease  since  1896. 

"  (6)  That,  as  unions  grow  stronger,  the  tendency  is  for  the 
average  union  strike  to  decrease  in  size  and  importance. 

"(7)  That  the  percentage  of  successful  strikes  decreases 
during  periods  of  business  prosperity  and  increases  during 
'hard  times.' 

"  (8)  That  compromised  strikes  are  becoming  more  numerous. 

"(9)  That  union  strikes  are  not  becoming  more  successful, 
even  though  unionism  is  being  more  thoroughly  organized. 

"(10)  That  trades  unionism  affects  the  causes  of  strikes  by 
reducing  the  importance  of  hours  and  wages  and  by  increasing 
the  importance  of  union  rules,  closed  shop,  recognition  of  the 
union,  etc.,  as  causes  of  strikes." 


CHAPTER  XI 
THE   STRIKE  (Continued) 

VIOLENCE 

Violence  in  strikes  is  a  stumbling  block  to  many  would-be 
defenders  of  labor  organizations.  Its  presence  leads  many  to 
assume  that  a  peaceful  strike  is  quite  impossible.  It  is  not  to  be 
wondered  at  that  this  confusion  exists.  Even  judges  whose 
minds  have  been  trained  to  the  task  of  drawing  correct  inferences 
have  been  so  fully  impressed  with  the  prevalence  of  violence  that 
they  have  been  led  to  make  somewhat  exaggerated  statements. 
"Of  the  ideal  strike,"  writes  Judge  Jenkins  from  the  United 
States  Circuit  Court  Bench,  the  objection  is  "that  it  is  ideal, 
and  never  existed  in  fact."  "It  is  idle  to  talk  of  a  peaceable 
strike.  None  such  ever  occurred.  The  suggestion  is  impeach- 
ment of  intelligence.  From  first  to  last  .  .  .  force  and  turbu- 
lence, violence  and  outrage,  arson  and  murder,  have  been 
associated  with  the  strike  as  its  natural  and  inevitable  con- 
comitants. ...  A  strike  without  violence  would  equal  the 
representation  of  the  tragedy  of  Hamlet  with  the  part  of  Ham- 
let omitted."  (Farmers'  Loan  and  Trust  Co.  vs.  No.  Pacific 
R.  R.  Co.) 

Mr.  Justice  Brewer  declares  "the  common  rule  as  to  strikes" 
to  be  not  merely  to  quit  employment  but  the  employees  "for- 
cibly prevent  others  from  taking  their  places.  It  is  useless  to 
say  that  they  only  advise;  no  man  is  misled."  If  the  training  of 
judges  does  not  protect  some  of  them  against  such  generaliza- 
tions, it  is  not  surprising  that  others  fall  into  much  the  same 
error. 

A  generalization  equally  erroneous  would  be  one  asserting 
that  violence  is  never  an  essential  element  in  strikes.  Few  fall 
into  such  an  error.  Perhaps  the  labor  leaders  themselves  come 
as  near  to  it  as  any.  Their  general  belief  is  not  only  that  strikes 
may  be  conducted  without  violence  but  that  they  are  so  con- 

188 


THE  STRIKE  189 

ducted.  John  Mitchell  may  be  regarded  as  their  spokesman 
when  he  declares  that  violence  should  never  be  tolerated  by- 
strikers  or  leaders.  It  is  a  tactical  error.  Better  lose  a  strike, 
advises  this  leader,  than  resort  to  violence  to  win  it.  Speaking 
of  the  actual  occurrence  of  violence  he  says:  "The  amount  of 
violence  actually  committed  is  grossly  exaggerated  and  that 
which  is  fairly  traceable  to  the  officials  of  trade  unions  is  almost 
infinitesimal."  As  to  the  seriousness  of  this  form  of  violence  he 
asserts  that  more  men  are  killed  every  Fourth  of  July  from 
accidents  associated  with  the  celebration  of  the  day  than  are 
killed  "in  all  the  strikes  in  all  the  cities  of  the  country  on  all 
days  of  the  year."  Further,  Mr.  Mitchell  pointedly  adds  that 
during  the  five  months  of  the  great  anthracite  coal  strike  of 
1902  the  number  of  men  killed  was  only  eight,  while  on  the  basis 
of  accident  records  in  the  mines  he  estimates  that  if  the  mines  had 
been  operated  during  this  time  no  less  than  200  men  would  have 
been  killed  and  600  seriously  injured. 

Unsatisfactory  Evidence  of  Facts.  —  Though  many  opin- 
ions have  been  expressed  on  the  subject  of  violence,  but  little 
actual  evidence  is  at  hand  as  to  the  facts. 

An  investigation  has  been  made  extending  from  Jan.  1, 1902,  to 
Oct.  1,  1904,  based  on  a  search  of  newspaper  records  for  that 
period.  The  results  were  published  in  the  Outlook,  in  December, 
1904.  They  show  much  of  the  characteristic  newspaper  atti- 
tude of  exaggeration  and  varying  degrees  of  sensationalism. 
Taking  these  figures  at  their  face  value,  the  investigation  showed 
that  during  these  thirty-three  months  serious  violence  attended 
strikes  in  30  states.  The  total  number  killed  was  198,  of  whom 
125  were  non-union  men;  56  were  union  strikers;  and  17  were 
officers.  The  total  number  injured  was  1,9,66:  non-union  men 
1,626;  strikers  173;  and  officers  167.  The  total  arrests  were 
6,114:  415  non-union  men,  and  5,699  strikers.  The  claim  is  that 
this  report  includes  only  the  accounts  that  found  their  way  into 
the  papers  and  that  it  should  be  offset  by  the  counterclaim  that 
the  reports  are  doubtless  exaggerated.  As  these  two  counter- 
claims are  not  of  equal  force,  it  still  leaves  in  doubt  the  truth  to 
be  read  from  the  figures. 

Comparing  strike  violence  with  violence  growing  out  of  other 
causes  one  authority  finds  the  former  "as  dust  in  the  balance." 
In  this  same  period,  as  it  is  pointed  out,  lynching  parties  caused 


190    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

more  deaths  by  70%  than  strikes.  In  New  York  City  there  are 
four  times  as  many  arrests  for  assault  and  battery  as  for  simi- 
liar  violence  due  to  strikes  in  the  whole  United  States.  Taking 
the  field  of  industrial  accidents,  it  is  further  emphasized  that 
reliable  estimates  show  that  for  the  same  period  2,400  persons 
were  killed  in  industry,  20,400  disabled  for  life,  not  to  list  the 
scores  of  thousands  disabled  only  temporarily.  During  the 
period  of  thirty-three  months  above  referred  to,  it  is  asserted 
by  the  editor  of  the  Mine  Workers  Journal  that  no  less  than  900 
men  lost  their  lives  in  coal  mines,  and  in  every  one  of  these 
cases  a  coroner's  jury  found  the  accident  to  be  the  result  of 
willful  violation  of  law  on  the  part  of  the  mine  operators. 

To  such  a  comparison  other  authorities  object.  The  trade 
unionists  belong  to  the  more  intelligent  and  more  peacefully 
inclined  members  of  society.  Their  depredations  in  time  of 
strike  are  not  to  be  minimized  by  placing  them  alongside  of 
events  and  people  between  whom  and  themselves  there  is  no 
fair  basis  of  comparison.  Among  other  objections  to  statistical 
tabulation  of  strike  violence  it  is  urged  that  they  are  radically 
incomplete  and  generally  untrustworthy. 

Is  Violence  Increasing?  —  Whether  violence  is  increasing  or 
not  it  is  impossible  to  establish  satisfactorily.  Between  the  two 
extremes  of  statement,  the  one  by  the  opponent  of  all  labor's 
activities  and  the  other  by  union  officials,  there  seems  to  be 
plenty  of  middle  ground. 

Older  unions  are  supposed  to  exercise  greater  influence  toward 
peaceful  methods.  Moral  suasion  and  the  "silent  treatment" 
are  undoubtedly  sometimes  very  effective.  One  who  claims  to 
have  been  personally  connected  with  the  management  of  200 
strikes  denies  any  knowledge  of  strike  violence,  either  sponta- 
neous or  systematic.  The  worst  was  "a  few  personal  brawls 
magnified  into  riots  by  news-hungry  reporters." 

After  a  careful  study  of  a  large  number  of  strikes  extending 
back  into  the  early  years  of  the  last  century,  Professor  T.  S. 
Adams  concludes  that  "in  any  strike  of  a  given  size  there  is  less 
likelihood  of  violence  to-day  than  there  would  have  been  sixty 
years  ago;  but  owing  to  the  undoubted  increase  in  the  number  of 
strikes  the  aggregate  volume  of  violence  has  grown  enormously." 

While  definite  data  of  a  statistical  nature  are  very  unreliable 
and  while  it  is  exceedingly  difficult  to  draw  any  reliable  conclu- 


THE  STRIKE  I9I 

sions  as  to  whether  or  not  it  is  increasing,  it  remains  true  that 
after  all  allowances  have  been  made  for  misrepresentation  and 
error,  an  amount  of  actual  and  open  violence  is  far  too  great  to 
redound  to  the  credit  of  a  civilized  people.  It  will  be  remembered 
that  during  the  anthracite  coal  strike  of  1902  there  was  much 
difference  of  opinion  based  on  conflicting  reports  as  to  the  amount 
of  violence.  The  operators  were  accused  of  exaggerating  their 
side  while  the  strike  leaders  were  declared  to  be  concealing  the 
acts  of  strikers.  After  the  heat  of  the  conflict  had  passed  and  a 
deliberate  investigation  could  be  made,  the  commission  made 
some  pertinent  comments.  "It  is  true  that  exaggerated  accounts 
of  the  disturbance  were  published  and  that  there  was  testimony 
from  reputable  witnesses  tending  to  minimize  them  and  vouching 
for  the  good  order  of  the  communities  in  which  such  witnesses 
live."  "Justice  requires  the  statement  that  the  leaders  of  the 
organization  which  began  and  conducted  the  strike,  and  notably 
its  president,  condemned  all  violence,  and  exhorted  their  fol- 
lowers to  sobriety  and  moderation."  This  temperate  attitude 
was  not  followed  by  the  leaders  in  the  local  organizations.  The 
result  was  that  "disorder  and  lawlessness"  existed  "to  some 
extent  over  the  whole  region,  and  throughout  the  whole  period." 
"It  is  admitted  that  this  disorder  and  lawlessness  was  incident  to 
the  strike.  Its  history  is  stained  with  a  record  of  riot  and  blood- 
shed, culminating  in  three  murders,  unprovoked  save  by  the 
fact  that  two  of  the  victims  were  asserting  their  right  to  work, 
and  another,  as  an  officer  of  the  law,  was  performing  his  duty  in 
attempting  to  preserve  peace.  Men  who  chose  to  be  employed, 
or  who  remained  at  work,  were  assailed  and  threatened,  and 
they  and  their  families  terrorized  and  intimidated.  In  several 
instances  the  houses  of  such  workmen  were  dynamited,  or  other- 
wise assaulted,  and  the  lives  of  unoffending  women  and  children 
put  in  jeopardy." 

Many  other  strikes  involving  large  numbers  and  important 
issues  serve  as  evidence  of  the  truth  of  the  statement  that  vio- 
lence is  very  general.  West  Virginia,  Michigan  and  Colorado 
are  too  fresh  in  mind  to  need  more  than  naming  as  further 
evidence. 

Because  of  the  difficulty  in  finding  accurate  data  it  is  not 
easy  to  decide  whether  violence  is  increasing  or  decreasing  in 
strikes.    Many  facts  that  make  comparisons  unreliable  cannot 


192    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

arbitrarily  be  set  aside.  The  spread  of  unions  among  unskilled, 
illiterate,  and  less  law-abiding  classes  of  laborers,  the  appear- 
ance of  the  Industrial  Workers  of  the  World  openly  advocating 
violence  and  the  opposition  to  this  organization  by  the  trade 
unions;  these  and  other  developments  make  it  very  difficult 
indeed  to  measure  violence  in  terms  of  statistics. 

Some  Conclusions.  Passions  Aroused.  —  Reasoning  along 
another  line,  one  not  by  any  means  unsupported  by  a  generous 
array  of  facts,  some  tentative  conclusions  may  be  stated. 
Strife  means  inevitably  the  arousing  of  passion,  and  where  pas- 
sion dominates,  the  orderly  procedure  is  very  likely  to  be  broken 
over.  The  more  important  the  issues  involved  in  a  contest 
the  more  deeply  stirred  the  contestants  will  become.  Primitive 
emotions  come  to  the  surface,  and  unchecked  by  cooler  reason 
they  express  themselves  in  lawless  ways. 

The  "Sacred  Cause  of  Labor."  —  The  laborer  has  been  thor- 
oughly taught  his  history  lesson.  Labor's  path  in  the  past  has 
not  been  strewn  with  roses.  Obstacles  on  every  hand  have 
been  met  and  overcome  only  by  insistent  struggle.  Conse- 
quently "labor's  cause"  is  inevitably  and  necessarily  "dear 
to  the  hearts"  of  all  good  union  men.  Heavy  sacrifices  have 
been  made  for  the  cause,  and  the  cause  must  not  suffer.  This 
exaggeration  leads  very  easily  to  a  loss  of  perspective,  a  failure 
to  see  issues  in  their  correct  proportions.  A  blindness  of  reason 
through  the  enhanced  importance  of  an  issue  the  imminence  of 
which  is  so  clear  leads  to  an  unbridling  of  forces  held  in  check 
in  ordinary  times.    Violence  results. 

The  "Tantalizing  Employer."  —  The  employer,  schooled  to 
different  methods,  conscious  of  a  certain  advantage,  more  self- 
contained,  not  having  an  aggressive  cause  to  advocate,  has  less 
to  say.  Diplomacy  is  his  weapon,  a  weapon  in  the  use  of  which 
his  contestants  have  been  quite  wholly  unskilled.  The  very 
coolness  and  apparent  indifference  toward  what  the  striker  so 
clearly  sees  as  the  "human  element"  becomes  a  cause  of  ag- 
gravation. Unable  to  break  down  the  employer's  resistance  by 
means  peaceful,  other  methods  are  adopted,  less  peaceful  in 
their  nature. 

Expecting  such  a  result,  the  employer  of  course  prepares  for 
it.  Mayor,  chief  of  police,  constable,  sheriff;  one  or  all  receive 
notice  of  danger  to  property.    Forces  are  marshalled  as  a  warn- 


THE  STRIKE  193 

ing.  As  a  matter  of  fact  this  display  often  proves  aggravating. 
It  invites  violence.  This  result  may  come  from  two  causes.  A 
massing  of  force  in  too  leisurely  a  manner,  or  in  too  small 
numbers  may  encourage  strikers  to  feel  that  the  legal  opposition 
to  their  purposes  is  but  half-hearted  and  will  not  be  pushed 
further.  This  of  course  invites  the  more  turbulent  element  to 
try  the  issue.  Or  again  it  may  appear  that  the  sheriff's  posse 
or  the  line  of  blue  coats  is  being  used  ostensibly  to  preserve 
peace  but  actually  to  help  the  cause  of  the  employer.  The 
distinction  between  these  two  is  in  some  instances  by  no  means 
easy  to  make.  If  there  were  opportunity  for  cool  deliberation 
the  distinction  might  be  thought  through  by  the  strikers.  In 
a  strike  this  is  not  likely  to  be  done.  The  authority  of  the  law 
appears  to  be  used  to  defeat  a  strike  and  strikers  cannot  always 
stand  peacefully  by  during  such  an  interference. 

With  the  decided  advantage  often  afforded  by  the  presence 
of  officers  of  the  law,  the  employer  may  find  it  to  his  advantage 
to  create  a  necessity  for  their  presence.  Believing,  as  strikers 
so  often  confidently  do  believe,  that  the  employer  himself  in- 
cites a  mild  oubreak  of  lawlessness  in  order  to  justify  a  call  for 
protection,  it  is  difficult  to  restrain  open  opposition  to  these 
authorities. 

Two  Kinds  of  Lawlessness.  —  Recent  investigations  have 
made  it  clear  that  in  many  cases  the  employer  is  not  altogether 
law-abiding.  His  lawlessness  is  of  a  different  brand.  It  is 
more  finished,  much  less  primitive,  but  none  the  less  lawless- 
ness. To  the  strikers,  who  so  often  realize  this,  their  own  viola- 
tions of  law  are  to  themselves  justified  under  the  "fight  the 
devil  with  fire"  formula.  The  community  is  often  much  less 
clearly  conscious  of  the  kind  of  law  violation  in  which  the  em- 
ployer may  be  implicated.  It  is  of  the  less  apparent  kind.  The 
violence  of  the  striker  is  an  outbreak  of  primitive  passions  and 
almost  inevitably  expresses  itself  in  destruction  of  property 
or  in  inflicting  personal  injury  on  those  who  in  any  way  obstruct 
their  purposes.  Far  cruder  forms  of  lawlessness  characterize 
the  methods  of  the  striker.  For  this  reason  they  attract  wider 
attention.  Investigations,  reliable  in  themselves  but  not  pub- 
lished until  the  trouble  is  over,  have  recently  revealed  more 
clearly  to  the  public  some  of  the  methods  of  employers.  Sheriff's 
posses  or  even  state  militia  are  often  equipped  and  paid  by  the 


194    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

employer,  detective  agencies,  the  successors  to  strike-breaking 
organizations,  furnish  an  element  that  is  naturally  lawless  and 
easily  excited.  Recent  disturbances  in  more  parts  of  the  coun- 
try than  one  have  brought  clearly  to  the  public  attention  the 
reality  of  these  facts. 

While  these  considerations  are  in  no  sense  quantitative  they 
are  vital  to  any  analysis  of  strike  violence.  As  long  as  these 
elements  remain  there  will  be  violence.  It  is  simply  a  cause  and 
effect  sequence.  If  they  can  be  cleared  away  or  minimized  in 
importance  the  results  will  be  modified  accordingly. 

Attempts  are  sometimes  made  to  ascertain  who  started  the 
trouble.  This  is  quite  impossible  of  accomplishment.  Even 
if  it  could  be  stated  finally  and  reliably,  it  is  very  doubtful  if 
it  would  help.  The  complexity  is  far  too  great.  Whoever 
started  it,  the  methods  now  adopted  are  so  complex  as  to  be 
quite  impossible  to  trace  to  first  causes. 

Developing  Public  Sentiment. —  It  seems  evident  that  there 
is  developing  a  very  strong  public  sentiment  against  violence. 
This  offers  a  ray  of  hope.  So  much  depends  upon  popular  sup- 
port in  a  strike  that  it  is  often  the  determining  factor.  The 
reality  of  this  appears  in  the  agility  displayed  by  each  side 
in  its  effort  to  fix  on  the  other  all  responsibility  for  violent  out- 
breaks of  lawlessness. 

The  Older  Unions.  —  Older  unions,  with  a  fund  of  experience, 
able  officials  who  have  a  strong  following  in  their  membership, 
are  more  likely  to  conduct  strikes  free  from  violence.  On  the 
other  hand,  they  are  less  likely  to  strike.  New  unions  strike 
more  easily.  The  officials  have  less  real  authority  as  leaders. 
They  are  often  following  instead  of  leading.  Unskilled  trades 
are  likely  to  be  more  turbulent  than  skilled.  Since  it  is  easier 
to  fill  their  places,  terror  must  do  for  them  what  high  skill  does 
for  others  in  keeping  strike  breakers  away.  Foreigners  are 
sometimes  less  easy  to  restrain  because  they  know  less  of  our  law 
and  are  easy  prey  to  self-seeking  leaders  of  a  demagogue  type. 

Stable  Leadership.  —  Whether  or  not  the  number  be  in- 
creasing, it  is  as  a  matter  of  fact  true  that  there  exists  to-day  a 
group  of  strong,  able  and  influential  leaders  who  openly  oppose 
violence  and  do  all  within  their  power  to  restrain  it.  No  one  with- 
out actual  experience  can  comprehend  the  difficulties  of  their 
task.    They  have  been  successful  and  their  influence  is  spread- 


THE  STRIKE  195 

ing.  This  group  will  undoubtedly  increase  in  number.  Its 
influence  will  also  increase.  As  they  recognize  more  and  more 
clearly  the  importance  of  a  favorable  public  sentiment,  they 
will  give  increasing  attention  to  its  demand  that  these  collective 
bargaining  contests  must  be  reduced  to  a  more  orderly  and  law- 
abiding  method  of  procedure. 

So  long  as  public  responsibility  is  clearly  related  to  the  in- 
creasing power  of  strong  unionism  the  situation  is  favorable  to 
the  reduction  of  violence  to  the  lowest  terms.  It  is  doubtful  if 
it  can  be  entirely  eliminated. 

DEVELOPMENT    OF    THE    LAW 

One  of  the  most  important  questions  relating  to  strikes  is 
that  of  legality.  To  state  it  as  a  general  proposition  that  strikes 
are  lawful  may  be  helpful  in  many  ways,  but  it  does  not  dispose 
of  the  question  satisfactorily.  Through  the  years  in  which 
strikes  have  been  increasing  in  number  and  have  been  held  by 
union  laborers  as  a  weapon  of  increasing  importance,  there  has 
been  a  slow  evolution  of  legal  opinion  concerning  them.  In 
the  earlier  stages  the  courts  were  seldom  asked  to  deal  with 
them.  Prior  to  1850  less  than  two  score  cases  were  taken  to 
court  of  which  any  record  has  been  preserved.  These  cases 
were  similar  in  their  essential  elements.  The  demands  may  be 
summed  up  as  two  in  number;  for  higher  wages  and  for  dis- 
charge of  workmen  who  would  not  join  and  pay  the  dues  of 
the  associations  that  were  being  formed  among  them.  Most 
of  these  cases  were  jury  trials.1 

Early  Cases.  —  The  law  applied  in  the  first  of  these  early 

cases  was  the  English  common  law  of  conspiracy.     It  is  of 

more  than  ordinary  historical  interest  to  refer  again  to  the 

positions  taken  by  the  contending  parties  in  the  first  case, 

that  involving   the   Philadelphia   cordwainers   in    1806.     The 

prosecution  contended  "that  no  man  is  at  liberty  to  combine, 

conspire,   confederate,   and"  unlawfully  agree   to   regulate  the 

whole  body  of  workmen  in  the  city.    The  defendants  are  not 

1  For  a  complete  record  of  these  cases  see  A  Documentary  History  of 
American  Industrial  Society,  volumes  three  and  four.  In  these  volumes 
may  be  found  either  the  record  of  or  the  reference  to  every  known  labor 
case  that  occurred  prior  to  1842.  For  a  brief  account  of  the  legal  arguments 
of  these  cases,  see  the  author's  Attitude  of  American  Courts  in  Labor  Cases, 
chapter  3. 


196    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

indicted  for  regulating  their  own  individual  wages,  but  for 
undertaking  by  a  combination  to  regulate  the  price  of  the 
labor  of  others  as  well  as  their  own."  To  this  the  defense 
replied  with  a  counter-proposition.  "There  is  no  crime  in  my 
refusing  to  work  with  a  man  who  is  not  of  the  same  association 
with  myself.  Supposing  the  ground  of  my  refusal  to  be  ever 
so  unreasonable  or  ridiculous,  ...  to  be  in  reality,  mere  ca- 
price or  whim  .  .  .  still  it  is  no  crime.  The  motive  of  my 
refusal  may  be  illiberal,  but  it  furnishes  no  legal  foundation 
for  a  prosecution:  I  cannot  be  indicted  for  it.  Every  man  may 
choose  his  company  or  refuse  to  associate  with  anyone  whose 
company  may  be  disagreeable  to  him,  without  being  obliged  to 
give  a  reason  for  it:  and  without  violating  the  laws  of  the  land. " 

In  his  charge  to  the  jury  the  judge  stated  that  "A  combina- 
tion of  workmen  to  raise  their  wages  may  be  considered  in  a 
twofold  point  of  view:  one  is  to  benefit  themselves;  the  other 
is  to  injure  those  who  do  not  join  their  society.  The  rule  of 
law  condemns  both.  .  .  .  One  man  determines  not  to  work 
under  a  certain  price  and  it  may  be  individually  the  opinion 
of  all:  in  such  a  case  it  would  be  lawful  in  each  to  refuse  to  do 
so,  for  if  each  stands  alone  either  may  extract  from  his  determi- 
nation when  he  pleases.  .  .  .  But  they  were  bound  down  by 
their  agreement,  and  pledged  by  mutual  engagements,  to  persist 
in  it,  however  contrary  to  their  own  judgment.  The  contin- 
uance in  improper  conduct  may  therefore  well  be  attributed 
to  the  combination." 

In  the  cases  that  followed  it  was  quite  generally  insisted  by 
those  whose  duty  it  was  to  interpret  the  law  to  the  juries  that 
while  the  indictment  did  not  rest  on  a  demand  for  higher  wages, 
journeymen  were  free,  each  acting  singly,  to  refuse  to  work. 
When  they  acted  "by  preconcert  or  association"  they  became 
liable  for  conspiracy.  The  gist  of  the  conspiracy  was  held  to 
be  in  the  unlawful  confederation  and  the  offense  was  complete 
when  the  agreement  had  been  made.  "It  was  never  doubted," 
said  one  judge  (18 15)  "that  where  diverse  persons  confederate 
together  by  indirect  means  to  impoverish  or  prejudice  a  third 
person,  or  to  do  acts  unlawful  or  prejudicial  to  the  community, 
they  are  indictable  at  the  common  law  for  a  conspiracy. " 

Results  of  Early  Cases.  —  The  logical  outcome  of  such  law 
began  to  be  apparent.     A  reexamination  followed.     In  1821 


THE  STRIKE  197 

the  certainty  of  the  common  law  of  conspiracy  was  called  into 
question.  The  unquestioned  application  of  English  precedents 
appeared  to  restrict  too  much  the  principles  of  American  freedom 
about  which  so  much  was  heard.  Instead  of  being  in  its  final 
form,  the  law  of  conspiracy  was  referred  to  as  being  in  an  unset- 
tled state  arising  from  its  gradual  extension  from  one  case  to 
another  through  force  of  precedent  without  an  accurate  exami- 
nation of  the  "nature  and  principles  of  the  offense"  and  leading 
to  "an  unusual  want  of  precision  in  the  terms  used  to  describe 
the  distinctive  features  of  guilt  or  innocence".  Before  this 
preliminary  analysis  the  principle  that  "the  union  of  persons 
in  one  common  design  is  the  gist  of  the  offence"  began  to  waver. 

The  feeling  between  the  two  sides  directly  concerned  in  these 
struggles  was  strong  and  each  felt  that  with  its  own  success 
and  the  defeat  of  the  other  side  was  linked  those  eternal  prin- 
ciples of  liberty  and  justice  for  which  the  nation  had  been  estab- 
lished. The  one  side  was  most  anxious  to  see  the  law  put  "an 
end  to  those  associations  which  have  been  so  prejudicial  to 
the  successful  enterprise  of  the  capitalists"  of  the  country 
and  blot  out  of  existence  in  all  the  cities  those  "combinations 
which  extend  their  deleterious  influence  to  every  part  of  the 
union."  On  the  other  hand,  the  journeymen  were  just  as  in- 
sistent that  strong  effort  be  made  to  rescue  "the  rights  of  me- 
chanics from  the  grasp  of  tyranny  and  oppression." 

The  view  of  the  law  in  this  period  was  fairly  representative 
of  the  spirit  of  the  age.  English  political  struggle  had  ushered 
in  the  era  of  laissez  faire,  but  it  was  an  era  of  relative  freedom 
for  the  merchant  and  manufacturer  class  from  restrictions  of 
king  and  lords  in  Parliament.  There  was  no  thought  of  any 
practical  extension  of  the  new  privileges  to  journeymen  and 
laborers.  The  American  Revolution  had  won  political  inde- 
pendence from  Great  Britain,  a  movement  based  on  new  prin- 
ciples of  freedom.  But  this  also  had  been  a  movement  in  which 
the  capitalist  classes  had  been  leaders.  They  little  thought 
that  American  freedom  would  be  of  any  different  brand  than 
that  of  England  except  a  greater  degree  of  freedom  from  a 
King  and  parliament.  Further  developments  were  necessary 
to  secure  the  extension  of  the  nation's  rights  and  privileges  to 
its  workingmen. 

Period  of  Change :  Massachusetts.  —  The  great  reform  agi- 


ioS    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

tations  centering  around  the  quarter-century  year,  1825,  were 
slowly  expressing  themselves  in  definite  form.  Organizations 
of  laborers  had  become  a  recognized  fact,  one  that  law  could 
neither  overlook  nor  suppress.  In  1842  the  Massachusetts 
Supreme  Court  handed  down  an  opinion  (Commonwealth  vs. 
Hunt)  that  first  expressed  judicial  appreciation  of  the  possible 
good  in  labor  organizations,  the  first  suggestion  that  even  a 
violation  of  law  by  their  members  should  not  be  made  an  oc- 
casion for  denouncing  the  association  as  such.  In  this  case 
the  charge  of  the  indictment  was  that  of  associating  together, 
a  charge  that  before  other  courts  in  earlier  years  had  been  suc- 
cessfully maintained.  The  case  was  the  first  one  to  be  brought 
to  trial  in  Massachusetts  and  came  before  the  lower  court  in 
Boston.  There  the  view  held  in  previous  cases  in  other  cities 
of  the  Union  had  been  adopted  and  the  defendants  found  guilty. 
The  decision  was  appealed  to  the  supreme  court  of  the  state. 
As  there  were  no  precedents  within  the  jurisdiction  of  Massa- 
chusetts by  which  this  court  was  bound,  it  was  possible  to 
look  at  the  facts  in  quite  a  different  way.  The  laws  of  England 
regulating  wages  and  other  matters  pertaining  to  laborers  were 
not  adapted  to  the  new  conditions  of  the  colony  and  so  were 
not  adopted  and  confirmed  by  the  constitution  of  the  Common- 
wealth. For  the  first  time  in  common  law  it  was  held  that  the 
manifest  intent  of  the  association  of  laborers  was  to  induce 
all  engaged  in  the  same  occupation  to  become  members.  Such 
a  purpose  was  not  unlawful.  The  fact  of  association  gave 
the  members  a  power  that  they  otherwise  would  not  have, 
a  power  that  might  be  exerted  for  useful  and  honorable  purposes, 
or  for  dangerous  and  pernicious  ones.  For  example,  the  court 
indicated  some  of  the  beneficial  purposes  that  might  be  served 
by  an  association,  as  "assistance  in  times  of  poverty,  sickness 
and  distress;  or  to  raise  their  intellectual,  moral  and  social 
condition;  or  to  make  improvement  in  their  art."  It  was  held 
to  be  necessary  in  order  to  charge  the  guilt  of  a  criminal  con- 
spiracy that  it  must  be  proved  that  the  object  was  criminal. 
Further  it  did  not  appear  that  the  means  used  by  the  association 
had  been  criminal.  The  members  had  refused  to  work  for  any 
person  who  should  employ  anyone  not  a  member  of  their  so- 
ciety. In  the  absence  of  any  contract  binding  them  by  its 
conditions  to  remain  at  work,  the  persons  were  "free  to  work 


THE  STRIKE  199 

for  whom  they  please,  or  not  to  work,  if  they  so  prefer."  It 
further  did  not  appear  that  it  was  criminal  "for  men  to  agree 
together  to  exercise  their  own  acknowledged  rights,  in  such  a 
manner  as  best  to  subserve  their  own  interests." 

The  principle  of  right  insisted  on  by  the  court  in  this  case  was 
that  "every  free  man,  whether  skilled  laborer,  farmer,  or  do- 
mestic servant,  may  work  or  not  work,  or  work  or  refuse  to 
work  with  any  company  or  individual,  at  his  own  option,  except 
so  far  as  he  is  bound  by  contract,"  and  further  that  men  may 
agree  together  to  exercise  these  rights.  Wherever  this  option 
had  the  authority  of  law,  two  important  changes  resulted. 
Mere  association  was  no  longer  criminal  conspiracy,  and  a 
right  to  stop  work  belonged  to  all  and  could  be  lawfully  exercised 
by  agreement. 

New  York  State.  —  Much  the  same  change  was  brought  about 
in  New  York  State  but  in  a  different  way,  as  has  been  shown  in 
a  former  chapter.  In  that  state  conspiracy  had  early  been 
made  a  matter  of  statutory  enactment ;  though  it  was  not  made 
specifically  applicable  to  laborers.  In  1828  the  legislature 
enacted  a  law  which  brought  together  all  legislation  on  conspi- 
racy into  a  single  statute.  The  commission  in  its  report  pro- 
posed to  make  it  criminal  to  conspire  "to  defraud  or  injure 
any  person  in  his  trade  or  business."  This  was  not  adopted 
by  the  legislature.  As  finally  enacted  the  statute  declared 
it  to  be  a  misdemeanor  for  two  or  more  persons  to  conspire, 
"to  commit  any  act  injurious  ...  to  trade  or  commerce," 
and  that  "no  conspiracies  other  than  such  as  are  enumerated" 
in  the  act  (six  in  all)  shall  be  punishable  criminally,  and  further 
that  "no  agreement  .  .  .  shall  be  deemed  a  conspiracy  unless 
some  act  beside  such  agreement  be  done  to  effect  the  object 
thereof  by  one  or  more  parties  to  such  agreement."  This  law 
stated  in  definite  form  what  should  be  regarded  as  conspiracy 
and  put  an  end  to  all  common-law  conspiracies  not  included 
in  the  new  statute.  In  the  report  the  revisers  made  a  clear 
comment  on  the  legal  supposition  that  an  agreement  not  carried 
into  effect  could  be  a  conspiracy  when  it  said:  "By  a  meta- 
physical train  of  reasoning,  which  has  never  been  adopted  in  any 
other  case  in  the  whole  criminal  law,  the  offence  of  conspiracy 
is  made  to  consist  in  the  intent;  in  an  act  of  the  mind;  and  to 
prevent  the  shock  to  common  sense  which  such  a  proposition 


200    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

would  be  sure  to  produce,  the  formation  of  this  intent  by  an 
interchange  of  thoughts  is  made  itself  an  overt  act,  done  in 
pursuance  of  that  interchange  or  agreement.  .  .  .  Acts  and 
deeds  are  the  subjects  of  human  laws;  not  thoughts  and  intents 
unless  accompanied  by  acts." 

The  first  case  brought  under  this  statute  was  a  strike  of 
shoemakers  for  higher  wages,  and  was  held  to  be  an  agreement 
to  commit  an  act  injurious  to  trade  or  commerce  (People  vs. 
Fisher,  1835).  The  common-law  ideas  seemed  to  have  held 
over  for  a  time,  but  cases  since  then  have  not  followed  the 
reasoning  of  this  opinion. 

The  Newer  Developments.  —  The  legislation  of  1828  in  New 
York  State  and  the  decision  of  the  Massachusetts  court  in  1842 
opened  the  way  for  new  developments.  Conspiracy  ceased 
to  be  a  sufficient  charge  of  guilt  and  the  strikes  that  became 
subjects  of  litigation  were  submitted  to  more  rigid  scrutiny 
to  reveal  the  methods  adopted  and  the  objects  sought.  The 
confusion  has  slowly  disappeared  in  the  light  of  full  discussion 
of  principles.  At  least  one  book  of  some  authority,  a  book 
intended  as  a  text-book  on  strikes  and  boycotts,  written  ob- 
viously from  a  somewhat  biased  point  of  view  still  declares 
that  "all  strikes  are  illegal.  The  wit  of  man  could  not  devise 
a  legal  one."  At  the  same  time  in  another  book,  also  intended 
as  a  text-book  on  labor  laws,  one  obviously  written  with  strict 
impartiality,  it  is  declared  that  "instead  of  saying  no  strikes 
are  legal,  we  should  now  say  all  strikes  are  legal;  that  is,  all 
plain  and  simple  combinations  to  quit  work  when  there  is  no 
breach  of  a  definite  time  contract  in  so  doing,  and  where  it 
is  not  complicated  with  any  element  of  boycotting,  or  marked 
by  any  disorder  or  intimidation." 

Present  Difference  of  Opinion.  —  The  present  situation  re- 
veals one  important  difference  of  opinion.  It  is  not  so  much  a 
difference  in  view  touching  combination  and  concerted  cessation 
of  work  as  it  is  the  reasons  that  prompt  the  act.  In  the  opinion 
of  Judge  Vann  of  New  York  there  is  general  if  not  universal 
agreement.  According  to  this  view  a  man  is  entirely  free  to 
agree  to  or  to  reject  any  conditions  of  labor,  as  he  may  wish. 
Terms  of  employment  are  subject  to  mutual  agreement  without 
interference  from  anyone.  The  right  of  one  to  act  is  not  changed 
by  his  acting  in  concert  with  others.    "Whatever  one  man  may 


THE  STRIKE  201 

do  alone,  he  may  do  in  combination  with  others,  provided  they 
have  no  unlawful  object  in  view.  Mere  numbers  do  not  ordi- 
narily affect  the  quality  of  the  act."  Thus  far  there  is  intended 
to  be  the  statement  of  a  general  right.  Following  this  an  appli- 
cation is  made.  Workmen  have  a  right  to  organize  to  secure 
higher  wages,  shorter  hours  of  labor,  or  to  improve  their  rela- 
tions with  the  employer.  This  pertains  to  organization.  Fur- 
ther they  have  the  right  to  strike  provided  the  object  is  not  to 
gratify  malice,  or  to  inflict  injury  upon  others,  but  to  secure 
better  terms  of  employment  for  themselves.  "A  peaceable  and 
orderly  strike,  not  to  harm  others,  but  to  improve  their  own 
conditions,  is  not  a  violation  of  law." 

Importance  of  Motive :  Massachusetts  View.  —  With  this 
view  so  generally  held  comes  a  parting  of  the  ways.  Some  courts 
rest  here.  Others  have  carried  their  reasoning  farther,  holding 
different  conclusions.  Of  the  one  view,  which  may  be  character- 
ized as  the  more  conservative,  the  Massachusetts  court  has  been 
the  most  influential  exponent.  In  the  opinions  of  this  court 
appears  a  decided  determination  to  insist  on  the  importance 
of  the  reason  for  the  strike.  Also  there  are  echoes  of  the  old 
idea  of  strength  in  combination.  In  1906  the  judges  in  this  state 
were  impressed  with  the  fact  that  in  most  cases  a  successful 
strike  gave  the  employees  such  a  control  over  labor  that  the 
employer  was  obliged  to  yield  to  their  demands.  "A  single 
individual  may  well  be  left  to  take  his  chances  in  a  struggle  with 
another  individual.  But  in  a  struggle  with  a  number  of  persons 
combined  together  to  fight  an  individual,  the  individual's- chance 
is  small,  if  it  exists  at  all.  It  is  plain  that  a  strike  by  a  combina- 
tion of  persons  has  a  power  of  coercion  which  an  individual  does 
not  have."  That  the  reason  is  of  deciding  importance  appears 
in  the  view  expressed  in  1908  by  the  same  court.  "It  is  settled 
in  this  Commonwealth,"  declares  the  judge,  "that  the  legality 
of  a  combination  not  to  work  for  an  employer,  that  is  to  say,  of  a 
strike,  depends  (in  case  the  strikers  are  not  under  contract  to 
work  for  him)  upon  the  purpose  for  which  the  combination  is 
formed — the  purpose  for  which  the  employees  strike."  This 
statement  of  the  law  throws  upon  the  court  the  duty  of  examin- 
ing into  and  revealing  the  real  reasons  or  purposes  of  the  strike 
before  they  can  pass  upon  its  lawfulness.  As  already  stated 
the  purposes  usually  accepted  are  such  as  deal  with  increasing 


202    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

wages,  lessening  the  hours  of  labor,  or  improving  relations  with 
employers.  The  position  may  be  regarded  as  a  final  one,  if  it 
be  taken  in  the  general  terms  in  which  it  is  expressed.  It  is 
a  constantly  changing  one,  however,  in  that  it  is  left  to  decide 
in  each  new  case  as  it  arises  whether  or  not  it  comes  within  any 
one  of  the  three  general  purposes  stated.  The  strict  construction 
or  loose  construction  attitude  toward  this  "sweeping  clause" 
becomes  of  great  importance. 

The  position  taken  by  this  court  is  that  of  the  larger  number 
of  courts  throughout  the  country.  It  was  in  this  same  state 
and  as  late  as  1908  that  the  case  already  referred  to  arose  in 
which  four  reasons  for  the  strike  appeared  in  the  four  demands 
made  by  the  strikers.  Of  these  the  court  found  that  two  (in- 
crease of  wages  and  shorter  hours)  were  "properly  enforceable 
by  a  strike."  In  as  much  as  it  was  lawful  to  strike  for  these  two 
reasons,  the  validity  of  further  reasons  did  not  call  for  consider- 
ation. Such  an  interpretation  seems  to  break  down  the  restric- 
tion placed  by  the  court  so  far  as  any  practical  considerations 
are  concerned.  The  strikers  need  but  to  add  to  whatever  de- 
mands they  may  have  a  request  for  an  increase  of  wages  and 
shorter  hours,  and  to  do  this  in  such  a  way  as  to  cover  up  the 
purpose  from  the  court  and  any  strike  may  be  lawful.  If  the 
employer  sees  fit  to  yield  to  the  wages  demand  thus  forcing  the 
employees  to  continue  the  strike  for  other  reasons  it  cannot  re- 
lieve him  for  any  considerable  length  of  time,  as  new  wage 
demands  may  be  made  continually. 

This  policy  of  inquiring  into  purposes  has  the  further  positive 
authority  of  Justice  Harlan.  Legality  and  illegality  in  strikes, 
he  holds,  must  depend  upon  the  means  adopted  for  enforcing 
a  strike  and  on  its  objects.  Strikes  may  be  criminal,  illegal,  or 
innocent.  A  strike  is  criminal  if  its  purpose  be  to  injure  or  molest 
masters  or  men;  illegal  if  it  be  the  result  of  an  agreement  de- 
priving those  engaged  in  it  of  their  liberty  of  action;  innocent 
if  the  result  of  a  voluntary  combination  for  the  purpose  only  of 
benefiting  themselves  by  raising  wages  or  any  other  lawful  pur- 
pose. In  considering  these  statements  it  must  be  kept  in  mind 
that  in  some  cases  the  authorities  referred  to  have  in  mind  the 
acts  performed  in  enforcement  of  a  strike  as  inseparable  from 
the  strike  itself  while  others  think  of  the  strike  as  separate  in  its 
essence  from  any  acts  that  may  be  resorted  to  to  enforce  it. 


THE  STRIKE  203 

Importance  of  Motive :  New  York  View.  —  The  more  ad- 
vanced view  is  held  by  the  New  York  court  and  was  first  ex- 
pressed by  Justice  Parker.  It  holds  the  statement  of  purposes  as 
above  named  and  usually  made  in  opinions  as  "illustrative  rather 
than  comprehensive."  The  right  to  stop  work,  and  to  join  with 
others  in  stopping  is  given  its  logical  application  without  restric- 
tion. Any  reason  regarded  by  the  employee  as  sufficient  must  be 
regarded  by  the  employer,  society  and  the  court  as  sufficient. 
"Their  reasons  may  seem  inadequate  to  others,  but  if  it  seems 
to  be  in  their  interest  as  members  of  an  organization  to  refuse 
longer  to  work,  it  is  their  legal  right  to  stop.  The  reason  may 
no  more  be  demanded,  as  a  right,  of  the  organization  than  of  an 
individual,  but  if  they  elect  to  state  the  reason,  their  right  to 
stop  work  is  not  cut  off  because  the  reason  seems  inadequate  or 
selfish  to  the  employer  or  to  organized  society."  This  view 
carries  the  application  of  the  right  to  stop  work  in  combination 
with  others  to  a  logical  conclusion  from  which  it  is  not  easy  to 
shrink.  It  separates  the  act  from  the  motive,  refuses  to  consider 
the  motive  and  rests  the  act  on  the  general  right  to  perform  the 
act.  Applying  the  logic  of  this  view,  the  judges  of  the  California 
court  have  declared  that  "in  case  of  a  peaceable  and  ordinary 
strike,  without  breach  of  contract  and  conducted  without  vio- 
lence, threats,  or  intimidation,  this  court  would  not  inquire  into 
the  motives  of  the  strikers.  Their  acts  being  entirely  lawful, 
their  motives  would  be  held  immaterial." 

Summary.  —  The  evolution  of  strike  law,  then,  has  passed 
through  clearly  defined  stages.  Bound  at  first  to  the  precedent 
of  conspiracy  there  has  been  a  steady  movement  toward  a 
more  liberal  view.  Personal  rights  have  been  more  fully  recog- 
nized as  applicable.  Traces  of  the  effects  of  conspiracy  still 
appear  but  with  less  frequency  and  with  diminishing  authority. 
There  is  a  possibility  for  its  revival,  however,  should  such  seem 
to  the  courts  the  best  way  to  preserve  individual  rights  as  they 
understand  them.  The  rather  radical  view  that  motive  has  no 
place  in  determining  lawfulness  in  connection  with  strikes  is  one 
not  held  in  all  jurisdictions,  but  it  appears  to  be  one  that  will 
gain  rather  than  lose  in  influence  unless  strikes  become  character- 
ized by  greater  lawlessness  and  more  pronounced  selfishness 
against  unorganized  labor. 


CHAPTER  XII 
ARBITRATION 

DEFINITION   OF   TERMS 

To  find  a  means  of  settling  labor  disputes  and  to  bring  an 
end  to  strikes  and  lockouts  after  they  have  been  started  has 
long  been  a  hope  of  many.  Plans  have  been  devised  and  sug- 
gestions made  that  lack  nothing  in  variety.  Yet  the  difficulty 
is  still  recognized  and  the  means  of  avoiding  it  still  inadequate. 
Arbitration  is  a  term  that  has  as  its  general  meaning  the  agencies 
and  methods  by  which  strikes  are  ended  or  avoided.  In  much 
of  the  discussion  it  is  used  in  this  general  sense  and  the  result  is 
much  vagueness  and  misunderstanding.  It  is  becoming,  how- 
ever, more  and  more  evident  that  clearer  distinction  in  meaning 
is  necessary  before  the  desired  progress  can  be  attained.  Es- 
pecially does  this  need  become  apparent  when  terms  of  more 
recent  general  use  are  brought  into  a  discussion.  Conciliation 
and  mediation  are  terms  now  almost  as  familiar  as  arbitration. 
These  are  often  used  quite  indiscriminately.  Even  in  our  statutes 
and  in  commissions  organized  by  their  authority  there  is  much 
confusion.  There  are  boards  of  conciliation  and  arbitration, 
boards  of  mediation  and  arbitration,  boards  of  conciliation  and 
mediation,  and  boards  of  conciliation,  mediation  and  arbitration. 
These  various  terms  and  combinations  do  not  indicate  with 
sufficient  accuracy  the  functions  of  the  particular  boards.  In- 
deed there  is  much  less  variety  in  functions  than  in  names.  As 
Mr.  N.  P.  Gilman  rightly  declares:  "Arbitration  is  probably 
the  most  misused  term  in  the  vocabulary  of  industrial 
peace." 

It  is  important  at  the  outset  of  any  discussion  that  as  clear  a 
meaning  as  possible  be  attached  to  each  of  these  terms.  That 
there  be  some  overlapping  in  meaning  is  perhaps  a  practical 
necessity  since  the  terms  refer  to  different  stages  in  a  process 
and  the  limitations  may  be  somewhat  arbitrary.     Yet  if  this 

204 


ARBITRATION  205 

process  be  followed  through  from  its  beginning  the  several 
terms  will  appear  quite  clear  enough  for  intelligent  practical 
use. 

Collective  Bargaining.  —  It  is  inevitable  that  differences  of 
opinion  should  develop  between  employer  and  employee.  When 
men  are  organized  and  the  employer  deals  with  them  in  groups 
there  is  collective  bargaining.  If  the  bargain  thus  made  is  drawn 
up  in  a  formal  way  and  is  agreed  upon  for  some  definite  time 
it  becomes  a.  trade  agreement.  Minor  disputes  over  interpretation 
or  application  of  the  terms  of  the  trade  agreement  may  then  be 
settled  by  methods  provided  for  in  the  agreement  itself,  if  it 
be  a  trade  agreement  of  the  model  type.  This  is  the  joint  con- 
ference. Thus  far  there  is  only  an  adjustment  or  a  working 
agreement  by  which  things  are  kept  moving.  Some  question 
of  larger  importance  than  any  covered  by  the  trade  agreement 
or,  it  may  be,  the  drawing  up  of  such  an  agreement  itself,  may 
cause  serious  trouble  and  an  attack  or  defense  strike  may  be 
called  to  enforce  the  demands  of  one  or  the  other  side.  Collec- 
tive bargaining  in  its  special  form  of  joint  conference  under  a 
trade  agreement  is  then  at  a  standstill.  It  is  at  this  point  that 
it  becomes  important  to  analyze  other  stages  and  apply  other 
terms  with  definiteness. 

Conciliation.  —  Though  the  men  are  not  at  work  and  any 
former  agreements  may  for  the  time  be  void,  still  there  may  be 
communications  or  conferences  between  representatives  of 
each  party.  The  difficulties  may  be  settled  and  working  rela- 
tions resumed  as  a  result  of  these  conferences  carried  on  between 
the  parties  directly  concerned,  with  no  outside  assistance  that 
is  openly  recognized  as  such.  This  would  be  conciliation.  It 
is  an  affair  that  is  dealt  with  exclusively  by  the  men  and  their 
employers.  It  arises  at  the  point  where  a  trade  agreement 
does  not  automatically  adjust  the  differences.  The  strike  is 
called  off  and  work  is  resumed. 

Mediation.  —  If  the  two  parties  fail  to  reach  an  agreement 
in  this  way  and  the  strike  continues,  it  may  be  terminated  in 
another  way.  Conciliation  failing,  it  may  be  that  third  par- 
ties may  have  influence  and  by  "  tendering  their  friendly  offices  " 
may  bring  the  warring  parties  together  for  further  discussion, 
find  some  basis  of  agreement  and  thus  effect  an  end  of  the  strug- 
gle.   This  would  be  mediation. 


206    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Arbitration.  —  In  the  event  of  a  struggle  that  continued  be- 
yond the  efforts  of  conciliation  and  mediation,  there  are  yet 
other  possibilities.  Either  through  conciliatory  efforts  or 
through  the  agency  of  a  mediator,  it  may  be  that  an  agreement 
can  be  reached  by  both  sides  to  submit  their  contentions  to  an 
impartial  body  that  will  after  a  hearing  render  a  decision  of 
settlement.  This  is  arbitration.  When  the  agreement  to  arbi- 
trate is  voluntarily  entered  into  it  is  called  voluntary  arbitration. 
With  the  act  of  arbitration  is  another  inseparable  from  it.  The 
disposition  of  the  award  may  give  rise  to  trouble.  Usually  of 
course  it  would  be  understood  that  when  the  parties  agree  to 
the  arbitration  they  would  also  agree  to  accept  the  award.  This 
agreement  is,  however,  voluntary  and  cannot  be  enforced  if 
either  party  chooses  for  any  reason  to  reject  it.  Thus  it  be- 
comes more  fully  characterized  by  the  term  voluntary  arbitration 
with  voluntary  award.  This  is  the  form  of  voluntary  arbitration 
more  usual  in  practice.  Thus  far  any  of  these  processes  may 
be  adopted  without  any  reference  to  legislation  or  interference 
on  the  part  of  any  public  official.  As  laws  have  been  enacted 
dealing  with  the  question,  it  is  obviously  a  possibility  that  the 
organized  power  of  the  state  may  step  in  and  exercise  an  au- 
thority in  the  matter.  First  to  consider  is  the  state's  authority 
to  compel  publicity  in  cases  of  strikes  on  the  ground,  now  so 
familiar,  that  the  consumers  as  a  third  party  have  a  right  to 
know  what  the  struggle  is  about.  This  information  it  may 
furnish  by  authorizing  an  investigation.  The  only  result  of  this 
course  would  be  to  compel  witnesses  to  testify  before  the  in- 
vestigators under  oath  and  thus  separate  the  kernel  of  truth 
from  the  large  amount  of  chaff  or  rumor,  furnishing  to  the  pub- 
lic a  statement  of  the  facts  so  far  as  they  pertain  to  the  ques- 
tion of  the  strike. 

Compulsory  Arbitration.  —  The  state  may  go  further  and 
insist  that  the  differences  shall  be  submitted  to  an  impartial 
body  for  adjudication  and  award.  This  is  compulsory  arbitra- 
tion. It  does  not  in  this  form  declare  what  shall  be  the  status 
of  the  award  after  it  has  been  formulated.  If  its  acceptance  is 
left  to  the  judgment  of  the  contending  parties,  permitting  them 
to  agree  to  accept  it  if  they  choose,  it  is  compulsory  arbitration 
with  voluntary  award.  If,  on  the  other  hand,  the  requirement 
is  made  in  the  law  that  the  award  shall  be  binding  on  the  parties 


ARBITRATION  207 

named  in  the  law  for  a  specified  time,  it  is  compulsory  arbitra- 
tion with  compulsory  award. 

These  then  are  the  several  stages  at  any  one  of  which  a  strike 
may  be  settled.  Collective  bargaining,  trade  agreement  and 
joint  conference  are  activities  that  belong  rather  to  the  pre- 
strike  stage  and  are  devices  for  the  automatic  adjustment  of 
differences  before  they  become  acute  enough  to  cause  an  open 
breach  in  the  industrial  relations.  When  the  strike  once  begins 
or  is  threatened,  it  may  be  terminated  by  conciliation,  if  the 
adjustment  is  effected  by  the  parties  concerned  directly.  If 
third  parties  intervene  to  bring  the  parties  together  so  that 
they  finally  reach  an  agreement  of  their  choice  it  is  mediation. 
Arbitration  implies  third  parties  called  in  or  allowed  to  form 
an  agreement  for  the  contending  parties.  If  they  are  agreed 
upon  or  accepted  by  the  strikers  and  the  employers  of  their 
own  choice,  it  is  voluntary  arbitration.  If  they  are  compelled 
to  accept  them  it  is  compulsory  arbitration.  So  with  the  award 
of  the  arbitrators,  it  may  be  voluntary  or  compulsory.  Com- 
pulsory investigation  deals  only  indirectly  with  the  settlement, 
its  purpose  being  to  strengthen  the  force  of  public  opinion. 

Importance  of  Distinctions.  —  For  this  special  use  of  these 
terms  there  is  authority,  and  authority  may  also  be  found 
against  them.  The  dictionary  meanings  of  conciliation  and 
mediation  furnish  both  support  and  refutation,  as  they  are  in 
some  sense  synonymous.  Perhaps  the  most  striking  difference 
between  the  above  classification  of  terms  and  that  used  by  many 
is  the  clearer  distinction  here  urged  between  conciliation  and 
mediation.  These  terms  are  frequently  used  synonymously, 
referring  alike  to  the  intervention  of  a  third  party  for  the  pur- 
pose of  bringing  employers  and  employees  together  on  some  com- 
mon ground  of  discussion  and  agreement.  Jevons  in  the  State 
in  Relation  to  Labor  uses  the  single  term  conciliation  to  cover 
both  when  he  says:  "A  conciliator  is  one  who  intervenes  be- 
tween disputants  in  order  to  promote  calm  discussion,  to  draw 
forth  frank  explanations,  or  to  suggest  possible  terms  of  com- 
promise." This  he  distinguishes  from  arbitration  in  the  fol- 
lowing terms:  "An  arbitrator,  on  the  other  hand,  is  one  ap- 
pointed, either  by  the  consent  of  the  parties,  or  by  superior 
authority,  to  inquire  into  the  facts,  to  receive  explanation  from 
both  sides,  and  then,  with  or  without  the  concurrence  of  the 


208    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

disputants,  to  assign  the  terms  of  arrangement."  Following  the 
classification  above  presented,  conciliation  is  not  presented  by 
Jevons,  but  rather  mediation  is  defined. 

While  many  authorities  use  conciliation  in  the  sense  in  which 
mediation  is  used  here,  it  seems  clear  that  there  is  reason  for 
the  distinction.  True  the  choice  of  terms  may  be  arbitrary, 
but  the  two  distinct  ideas  are  not  to  be  confused  and  each 
must  have  its  separate  term.  When  a  trade  agreement  in  the 
organized  territory  of  the  coal  mining  industry  expires  it  is  not 
uncommon  to  have  a  strike.  On  the  day  of  the  expiration  of 
the  agreement  the  men  quit  work.  This  is  the  situation  which 
the  daily  papers  are  so  fond  of  capitalizing  into  large  headlines 
and  sensational  warnings.  The  strike  is  on,  so  far  as  the  facts 
go,  but  the  machinery  of  adjustment  still  operates  and  a  new 
agreement  is  finally  reached  and  the  men  return  to  work. 
There  is  no  interference,  friendly  or  otherwise,  by  third  parties. 
The  miners  and  the  operators  confer  and  out  of  the  conferences 
comes  a  conciliation  of  the  difficulties  and  work  is  resumed.  If 
conciliation  is  to  mean  the  same  as  mediation,  then  another 
term  is  needed  for  a  situation  such  as  just  described  in  coal 
mining,  for  example.  It  is  collective  bargaining,  but  not  of 
the  normal  kind.  If  that  term  is  to  be  generalized  by  that 
much  it  cannot  stop  till  it  has  been  made  to  cover  the  entire 
list  including  compulsory  arbitration  with  compulsory  award. 

The  bringing  together  of  employers  and  employees  for  the 
settlement  of  their  differences  by  peaceable  negotiation  should 
be  called  mediation,  as  it  implies  an  outside  agency.  The 
coming  together  voluntarily  of  employers  and  employees  for 
the  settlement  of  differences  by  peaceable  negotiation  is  con- 
ciliation. In  this  sense  there  can  be  no  board  of  conciliation 
as  a  permanent  public  or  legal  body.  There  may  be  boards  of 
mediation,  boards  of  arbitration,  and  boards  of  mediation  and 
arbitration.  These  may  be  government  boards  or  boards  or- 
ganized through  private  agencies.  If  there  be  any  permanent 
group  of  conciliators,  it  would  be  a  joint  conference  acting 
under  a  trade  agreement  and  would  belong  to  the  pre-strike 
period. 

Other  Distinctions.  —  A  further  distinction  is  sometimes 
made  between  primary  arbitration  and  secondary  arbitration. 
"  By  primary  arbitration,"  it  is  explained,  "  we  mean  the  authori- 


ARBITRATION  209 

tative  settlement  by  impartial  arbiters  of  the  terms  of  the  em- 
ployment contract  itself.  By  secondary  arbitration  we  mean  the 
adjudication  of  those  minor  disputes  growing  out  of  the  interpre- 
tation of  an  existing  contract.  Secondary  arbitration  is  judicial 
and  easy.  Primary  arbitration  is  legislative  and  difficult."  Then 
is  added:  "Unless  otherwise  stated,  primary  arbitration  will 
be  understood  to  include  and  assume  secondary  arbitration." 
This  distinction  seems  of  no  practical  importance  beyond  the 
very  evident  fact  that  some  cases  of  arbitration  settle  questions 
unlike  other  cases,  and  that  some  are  difficult  while  others  are 
easy. 

It  is  to  be  hoped  that  out  of  the  confusion  of  terms  now  in  use 
there  will  evolve  soon  a  definiteness  and  regularity  that  will 
both  contribute  to  clearness  in  handling  practical  situations  and 
make  unnecessary  such  lengthy  discussion  of  definitions  in 
dealing  with  the  topic. 

That  this  necessity  has  been  recognized  before  is  evident  in 
many  writings.  Gilman  realizes  it  when  he  says,  "There  is,  in 
fact,  a  great  amount  of  laxity,  inaccuracy  and  confusion  in  the 
popular  use  of  different  terms  for  methods  of  composing  labor 
disputes,  and  there  can  hardly  be  said  to  be  more  than  the 
beginnings,  as  yet,  of  a  true  scientific  use  of  them  in  the  careful 
writings  of  the  day.  A  more  precise  use  of  the  various  words 
commonly  applied  would  make  discussion  more  profitable  and 
lead  more  quickly  to  lasting  conclusions."  Following  this 
recognized  need  this  writer  distinguishes  between  the  several 
forms  in  a  chapter  given  up  to  the  subject.  The  definition  of 
conciliation  is  made  clear  enough  by  this  writer  but  when,  in 
the  latter  part  of  the  chapter,  mediation  and  arbitration  are 
defined,  the  definitions  seem  confusing  and  lacking  in  practical 
distinctions.  This  appears  when  it  is  stated  that  "so  long  as  the 
parties  accepting  mediation  have  not  bound  themselves  to 
accept  the  award,  the  mediator  is  still  only  a  'conciliator,'  i.  e., 
one  trying  to  reconcile.  If  then,  in  fact,  when  the  award  has 
been  made  by  him,  both  sides  accept  it,  without  a  previous 
agreement  to  do  so,  this  is  an  instance  of  conciliation,  not  of 
arbitration.  In  case  the  award  is  rejected  by  one  or  both  parties, 
it  is  an  instance  of  unsuccessful  attempt  at  conciliation."  Again 
he  says,  "The  mediator's  offer  of  his  services,  however,  may  pro- 
duce so  good  an  effect  upon  the  two  parties  that  they  agree  to 


210    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

accept  his  award  when  it  shall  be  made.  In  this  case,  it  is  com- 
mon to  say  that  they  have  accepted  him  as  the  'arbitrator'  of 
the  case."  Thus  the  distinction  between  the  mediator  on  the  one 
hand  and  the  conciliator  and  the  arbitrator  on  the  other  is  lost 
in  vagueness.  The  position  of  the  mediator  between  the  con- 
ciliator and  the  arbitrator  is  so  indefinite  that  whatever  he  does 
of  practical  value  he  loses  his  identity  by  very  reason  of  his 
success.  If  he  fails,  he  is  a  conciliator  but  an  unsuccessful  one. 
If  he  succeeds,  he  is  an  arbitrator.  He  is  a  mediator  only  because 
he  has  not  yet  completed  his  work. 

This  distinction  cannot  be  regarded  as  satisfactory.  In  the 
first  place,  it  conceives  the  mediator  as  making  an  award.  That 
is  not  his  function  in  the  classification  that  has  been  proposed. 
The  essence  of  mediation  is  to  bring  about  a  settlement  through 
the  intercession  of  an  outside  party  who  proffers  his  services.  The 
settlement  may  be  largely  one  of  his  own  forming,  but  it  is  not 
openly  so.  He  can  make  suggestions  which  the  parties  to  the 
strike  may  accept  and  embody  as  an  agreement.  Indeed  the 
really  skillful  mediator  in  practice  will  not  let  it  appear  that  the 
terms  of  settlement  originate  with  him.  That  being  the  case, 
the  more  skillful  the  mediator,  the  less  apparent  is  it  that  there 
is  mediation.  If  he  does  make  an  award,  upon  the  invitation  of 
the  parties,  he  becomes  an  arbitrator. 

One  other  basis  of  distinction  between  terms  has  been  offered 
and  is  worthy  of  consideration.  It  is  a  classification  of  terms  on 
the  basis  of  the  questions  at  issue  between  the  employer  and  his 
workmen.  It  may  be  the  interpretation  of  an  agreement  pre- 
viously made ;  an  agreement  expiring  by  time  limit  to  be  renewed 
for  another  term  of  years;  or  the  making  of  an  agreement  for  the 
first  time.  The  term  arbitration  is  limited  to  such  cases  only  as 
hang  upon  an  interpretation  of  a  "previous  agreement,  a  viola- 
tion of  which  is  asserted  by  one  party  or  the  other."  Mediation 
is  restricted  in  meaning  to  the  work  of  drawing  up  an  award 
which  shall  become  an  agreement.  This  seems  not  only  im- 
practical but  inadequate.  Trouble  may  arise  and  call  for  set- 
tlement where  there  is  no  agreement  of  a  formal  kind  and  no 
probability  of  forming  one.  Yet  such  trouble  must  be  adjusted. 
It  matters  not  so  much  in  practice  whether  the  strike  is  for  one 
cause  or  another  or  for  a  group  of  causes.  It  is  not  of  prime  im- 
portance whether  both  sides  agree  that  the  dispute  is  over  the 


ARBITRATION  21 1 

interpretation  of  an  agreement,  or  only  one  side  insists  upon  that 
while  the  other  denies  it.  The  practical  phase  of  the  situation 
is  that  work  has  ceased,  or  is  about  to  cease,  and  something 
must  be  done  to  secure  a  restoration  of  amicable  working  rela- 
tions. 

The  only  practical  basis  of  working  definition  is  that  proposed 
at  the  beginning  of  this  chapter.  With  the  distinctions  proposed 
between  conciliation,  mediation,  voluntary  arbitration  and  com- 
pulsory arbitration,  the  four  leading  terms,  the  application  can 
be  made  with  clearness  and  definiteness  to  all  situations  that 
arise  in  industrial  relations. 

Our  Lack  of  Interest  in  Arbitration. —  In  ordinary  times 
there  is  too  little  discussion  of  policies  of  arbitration.  Following 
every  serious  strike  the  topic  is  revived  for  a  time  but  interest 
soon  lags  and  the  discussion  is  dropped  till  another  disturbance 
awakens  it.  That  no  definite  results  issue  from  such  a  course  is 
to  be  expected.  While  the  public  mind  is  excited  with  the  ru- 
mors of  industrial  warfare  and  irritated  by  the  deprivations  and 
hardships  sometimes  incidental  to  such  strife,  proposals  appear 
and  are  seriously  discussed.  When  the  struggle  is  ended,  these 
same  proposals  that  seemed  so  reasonable  begin  to  appear  quite 
too  rash  for  serious  thought  and  they  are  laid  aside.  In  time  of 
industrial  peace  the  consideration  of  such  topics  is  naturally 
quite  foreign  to  our  habit  of  mind.  The  spirit  of  laissez  faire  is 
still  with  us,  and  the  habit  of  looking  at  business  from  the  in- 
dividual rather  than  the  social  viewpoint  makes  it  difficult  to 
gain  a  hearing  for  any  plans  that  seem  to  interfere  with  the  time- 
worn  principle  that  a  man  may  run  his  own  business  in  his  own 
way.  The  result  of  this  situation  is  easily  told  if  not  foretold. 
Nothing  of  a  constructive  nature  is  accomplished.  The  indus- 
tries of  America  stand  in  need  of  some  definite  policies  of  adjust- 
ment in  labor  struggles.  They  are  lagging  behind  other  industrial 
countries  in  this  respect.  With  each  serious  disturbance,  how- 
ever, some  progress  is  made.  There  are  now  many  who  are 
earnestly  committed  to  a  policy  of  compulsory  arbitration  with 
compulsory  award  applicable  to  all  public  utility  enterprises. 
A  smaller  group  goes  further  and  insists  upon  compulsion  in  all 
industries  involving  a  minimum  number  of  men.  On  the  other 
hand,  these  are  opposed  by  extreme  individualists  who  stand 
strongly  in  favor  of  the  application  of  the  methods  of  the  past. 


212    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Between  them  the  public  at  large  is  not  greatly  stirred  in  or- 
dinary times.  It  is  evident,  however,  that  each  serious  dis- 
turbance finds  the  ranks  of  the  former  class  somewhat  aug- 
mented even  if  there  does  not  appear  to  be  much  depletion  in 
the  numbers  of  the  latter. 

EARLY  DISCUSSION  —  COMPULSORY  ARBITRATION 

It  is  not  easy  to  assign  any  definite  time  when  open  discussion 
of  arbitration  began  in  the  United  States.  The  early  labor 
disputes  were  brought  to  an  end  generally  in  one  of  three  ways. 
They  were  closed  by  an  agreement  voluntarily  reached  by  the 
parties.  They  were  fought  to  a  finish.  Or  they  were  taken 
to  court.  The  second  method  was  the  most  usual.  European 
countries  were  developing  definite  and  permanent  organizations 
through  which  arbitration  was  applied.  The  knowledge  of 
these  spread  to  this  country.  Workingmen  especially  became 
interested  in  them.  As  the  possibility  of  a  peaceful  method  of 
settling  disputes  became  a  matter  of  more  general  knowledge, 
it  began  to  attract  more  favorable  attention.  By  the  early 
eighties  results  began  to  appear.  The  Knights  of  Labor  was  in 
the  full  height  of  its  influence  in  these  years.  It  took  a  positive 
stand  on  the  subject.  "In  the  management  of  great  or  small 
concerns,"  wrote  Mr.  Powderly,  in  the  Story  of  Labor,  "each 
trouble  or  difference,  whether  in  relation  to  discipline  or  wages, 
should  be  talked  over  in  a  conciliatory  spirit  and  arbitrated. 
Joint  boards  of  arbitration  should  be  formed  between  manu- 
facturers and  workmen  all  over  the  country."  It  was  the  gen- 
eral policy  of  the  Knights  to  discourage  strikes  and  to  emphasize 
particularly  the  principle  of  arbitration.  In  the  Preamble  to  its 
constitution  it  stated  as  one  of  its  aims:  "The  enactment  of  laws 
providing  for  arbitration  between  employer  and  employed,  and 
to  enforce  the  decision  of  the  arbitrators."  Later  in  the  same 
Preamble  it  further  declared:  "We  will  endeavor  to  associate 
our  own  labors  ...  to  persuade  employers  to  agree  to  arbi- 
trate all  differences  which  may  arise  between  them  and  their 
employees,  in  order  that  the  bonds  of  sympathy  between  them 
may  be  strengthened  and  that  strikes  may  be  rendered  un- 
necessary." 

This  agitation,  following  as  it  did  upon  the  series  of  strikes 


\ 


ARBITRATION  213 

of  the  period,  gained  serious  attention.  The  result  was  generally 
speaking  a  step  forward  in  the  stages  of  development  through 
which  we  have  passed.  State  legislatures  were  appealed  to 
and  laws  were  enacted  that  established  state  boards  to  act  as 
arbitrators. 

The  Unions  and  Compulsory  Arbitration.  —  For  a  time 
compulsory  arbitration  was  called  for  by  organizations  of  la- 
borers and  demands  were  made  for  laws  embodying  such  a  pol- 
icy. This  period  of  agitation  was  pretty  closely  associated  with 
the  years  of  Knights  of  Labor  supremacy.  In  New  York  State 
especially  the  records  of  the  proceedings  of  the  Workingmen's 
Assembly  show  a  distinct  demand  on  the  part  of  that  organi- 
zation for  compulsory  arbitration  between  1888  and  1894.  The 
Assembly  had  secured  in  1886  a  State  Board  with  powers  of 
voluntary  arbitration.  The  hopes  that  were  entertained  for 
the  work  of  the  board  were  not  realized.  The  disappointment 
found  expression  in  a  search  for  some  way  to  compel  employers 
to  submit  differences  to  the  board.  Compulsory  arbitration 
seemed  the  natural  way.  In  1888  the  convention  of  this  state 
organization  resolved:  "in  view  of  the  fact  that  in  most  cases 
the  spirit  of  the  law  is  evaded  by  the  refusal  of  employers  to 
arbitrate  with  the  state  board  ...  we  demand"  amendments 
to  the  law  to  "compel  the  submittal  of  all  existing  trouble  to 
the  said  Board  of  Arbitration  when  deemed  necessary."  Again 
in  1893  the  convention  passed  the  following:  "Whereas,  Recog- 
nizing the  fact  that  compulsory  arbitration  would  be  one  of 
the  best  measures  in  the  interest  of  labor;  therefore,  be  it  re- 
solved, that  we  demand  at  the  hands  of  the  state  legislature 
an  amendment  of  the  present  law  making  arbitration  compul- 
sory, thereby  enabling  the  Board  to  enforce  their  decisions." 
That  this  board  was  of  the  same  opinion  as  the  association  of 
workingmen  appears  from  the  fact  that  their  annual  reports 
favor  the  adoption  of  legislation  providing  compulsory  arbi- 
tration. 

As  the  Workingmen's  Assembly  was  largely  under  the  influ- 
ence of  the  Knights  of  Labor  it  is  not  surprising  that  such  an 
attitude  should  develop.  The  change  to  opposition  was  also 
a  natural  one.  So  far  as  the  records  of  the  organization  show, 
the  change  is  accounted  for  easily.  While  the  demands  for  a 
compulsory  arbitration  law  were  being  asserted  the  leaders 


214    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

sought  legal  advice.  They  were  told  that  the  courts  might 
uphold  a  law  compelling  corporations  to  submit  to  arbitration 
but  a  law  compelling  an  individual  to  arbitrate  would  in  all 
probability  be  held  unconstitutional.  In  the  language  of  the 
proceedings:  "Seeing  that  it  was  useless  to  bother  with  the 
matter  it  was  dropped."  Another  series  of  events  doubtless 
had  much  to  do  with  this  change  of  policy.  The  Workingmen's 
Assembly  had  a  rival  organization  and  after  some  years  of 
negotiation  a  new  adjustment  was  made.  The  result  was  that 
the  Workingmen's  Assembly  and  the  New  York  State  Branch 
of  the  American  Federation  of  Labor  were  amalgamated  in 
1898  into  the  Workingmen's  Federation  of  New  York  State. 
This  organization,  since  become  the  New  York  State  Federation 
of  Labor,  was  dominated  by  the  methods  and  principles  of  the 
American  Federation  of  Labor.  That  national  body  has  from 
the  beginning  quite  consistently  opposed  anything  looking 
toward  compulsory  arbitration.  Doubtless  this  change  had 
much  to  do  with  the  passing  of  that  period  in  which  organiza- 
tions of  laborers  actively  urged  compulsory  arbitration.  Other 
reasons  have  been  assigned  for  the  change.  It  is  urged  that 
as  the  laborer  usually  has  supreme  confidence  in  the  justness 
of  his  claims  and  is  unable  to  see  anything  favorable  in  the 
claims  of  the  employer,  it  was  good  policy  to  enforce  compulsory 
arbitration  as  it  would  compel  the  adoption  of  a  verdict  that 
was  certain  to  be  favorable  to  laborers.  It  is  further  urged  that 
experience  with  voluntary  arbitration  revealed  the  real  possibility 
of  a  finding  in  favor  of  the  employer,  in  which  case  the  worker 
would  be  compelled  to  accept  some  condition  of  labor  against 
his  will.  The  truth  of  this  explanation  is  not  easy  to  establish. 
It  is  a  fact  that  tribunals  not  infrequently  found  the  employer 
justified  in  his  position.  It  is  also  a  fact  that  these  awards 
the  workers  were  not  willing  to  accept.  This  situation,  stated 
thus  rather  concretely,  has  been  generalized  and  is  the  form 
of  opposition  that  practically  all  organizations  of  labor  now 
show  when  compulsory  arbitration  is  suggested.  When  a  com- 
pulsory arbitration  bill  was  before  the  New  York  State  legisla- 
ture in  1900  it  was  actively  opposed  by  the  state  Federation 
not  because  of  its  particular  provisions  but  because  of  the 
principle  involved.  "We  cannot  afford,"  said  the  president 
of   the   Federation,  "to  endorse  a  proposition  which    carries 


ARBITRATION  215 

with  it  the  possibility  of  a  man  being  compelled  to  work  for  an 
employer  or  under  conditions  obnoxious  to  him,  with  the  al- 
ternative of  fine  or  imprisonment.  This  seems  to  be  the  con- 
sensus of  opinion  among  trade  unionists." 

Current  Interest.  —  That  the  issue  is  still  alive  appears  at 
intervals  in  the  periodical  literature  at  various  times,  as  well  as 
in  the  labor  press.  A  recent  visit  to  America  by  prominent 
Australian  leaders  stirred  up  the  question  anew.  Prominence 
was  given  to  the  issues  in  which  these  men  were  interested.  In- 
terviews were  printed,  their  addresses  were  published  and  the 
magazines  of  the  day  took  up  the  discussion.  These  Australian 
visitors  had  much  to  say  about  compulsory  arbitration.  Judge 
Higgins,  President  of  the  Commonwealth  Arbitration  Court  of 
Australia,  was  very  outspoken  in  favor  of  the  plan  and  very 
positive  of  the  benefits  that  resulted  to  the  country  from  its 
adoption.  His  statements  were  not  allowed  to  go  unchallenged, 
however.  The  labor  press  did  not  look  with  favor  upon  them. 
It  declared  that  "Judge  Higgins  has  been  a  member  of  the  court 
during  the  greater  part  of  its  existence  and,  as  is  to  be  expected, 
approves  of  the  court  and  its  policies."  It  hastens  to  add  that 
"his  is  the  view  of  one  who  looks  at  the  labor  movement  and 
labor  problems  from  the  outside.  He  has  a  legal  conception  that 
unions  must  exist  because  the  whole  system  of  compulsory 
arbitration  rests  upon  responsible  unions.  'Should  it  be  neces- 
sary,' he  naively  states,  '  the  attorney  general  is  given  authority 
to  create  a  union.'" 

To  counteract  the  statements  favorable  to  compulsory  ar- 
bitration, other  authorities  from  the  same  country  were  inter- 
viewed and  their  opinions  given  equally  wide  circulation.  These 
views  are,  in  the  minds  of  the  American  leaders,  of  much 
greater  weight  since  they  come  from  "those  who  view  the 
labor  movement  from  within  the  ranks  of  the  workers  and 
who  have  had  long  and  intimate  experience  with  conditions  in 
Australia." 

Mr.  H.  P.  Hickey,  General  Secretary-Treasurer  of  the  United 
Federation  of  Labor  of  New  Zealand,  was  quoted:  "Let  me  say 
that  I  have  read  from  time  to  time  of  your  strenuous  opposition 
to  compulsory  arbitration.  Believe  me,  if  you  could  see  the  curse 
it  is  in  this  young  country  with  all  its  ramifications  and  oppres- 
sion and  repression  your  antagonism  would  be  even  greater. 


216    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Here  it  is  simply  crushing  the  heart  of  labor  and  unless  the  re- 
peal of  some  of  the  legislation  is  not  swiftly  secured  in  the  direc- 
tion of  giving  the  right  to  the  workers  to  use  their  organizations 
in  the  direction  the  majority  see  fit,  I  am  much  afraid  the  result 
will  be  chaotic  in  the  extreme." 

It  is  further  stated  in  the  labor  press  that  "Mr.  Albert  Hinch- 
cliffe,  a  member  of  the  Australian  printers'  union  and  of  the 
Parliament  of  Queensland,  recently  made. a  trip  through  the 
United  States  and  visited  the  headquarters  of  the  American 
Federation  of  Labor.  In  discussing  this  phase  of  Australian 
legislation  Mr.  Hinchcliffe  said  to  us  it  had  determined  the 
effectiveness  of  labor  organizations  by  making  the  workers  look 
to  outside  agencies  for  better  conditions  and  had  thereby  stunted 
the  initiative  and  growth  of  organizations.  Like  Mr.  Hickey, 
he  said  it  had  taken  the  heart  out  of  the  movement." 

The  subject  was  regarded  as  of  sufficient  importance  by  the 
Anthracite  Coal  Strike  Commission  to  be  given  notice  in  its 
report.    It  said: 

"There  are  some  who  have  urged  the  Commission  to  recom- 
mend the  adoption  of  compulsory  arbitration,  so-called,  as  the 
means  of  securing  this  desired  result  (settling  trade  disputes  in 
the  coal  industry),  but  we  can  not  see  our  way  to  recommend 
any  such  drastic  measure.  We  do  not  believe  that  in  the  United 
States  such  a  system  would  meet  with  general  approval  or  with 
success.  Apart  from  the  apparent  lack  of  constitutional  power 
to  enact  laws  providing  for  compulsory  arbitration,  our  indus- 
tries are  too  vast  and  too  complicated  for  the  practical  appli- 
cation of  such  a  system. 

"We  do  believe,  however,  that  the  State  and  Federal  govern- 
ments should  provide  the  machinery  for  what  may  be  called 
the  compulsory  investigation  of  controversies  when  they  arise. 
The  States  can  do  this  whatever  the  nature  of  the  controversy. 
The  Federal  Government  can  resort  to  some  such  measure  when 
difficulties  arise  by  reason  of  which  the  transportation  of  the 
United  States  mails,  the  operations,  civil  and  military,  of  the 
Government  of  the  United  States,  or  the  free  and  regular  move- 
ment of  commerce  among  the  several  states  and  with  foreign 
nations  are  interrupted  or  directly  affected  or  are  threatened 
with  being  interrupted  or  affected." 


ARBITRATION  217 

STATE  LEGISLATION  AND  ARBITRATION 

The  agitation  for  compulsory  arbitration  did  not  lead  to  the 
adoption  of  any  specific  measures.  Indirectly  it  strengthened 
the  growing  feeling  of  the  day  that  strikes  should  be  settled  in 
such  manner  as  to  avoid  their  serious  consequences.  This  led 
to  the  adoption  of  laws  passed  by  a  number  of  state  legislatures 
providing  for  public  agencies  for  the  settlement  of  industrial 
disputes.  Between  1878  and  1890  thirteen  states  placed  upon 
their  statute  books  laws  looking  to  this  end.  By  1900  ten  more 
joined  the  group.  By  1915  this  number  had  been  increased  to 
thirty-two  states.  The  plans  comprehend  all  varieties  and  com- 
binations of  mediation,  and  voluntary  arbitration  together  with 
compulsory  investigation.  In  a  comparative  study  of  this  group 
of  legislation  and  its  results  Dr.  Leonard  W.  Hatch  divides  the 
laws  into  four  classes:  Laws  providing  for  (1)  local  arbitration 
with  no  permanent  agency  therefor;  (2)  permanent  district 
or  county  boards  established  by  private  parties;  (3)  arbitration 
or  conciliation  (mediation)  through  the  agency  of  state  com- 
missioners of  labor;  and  (4)  a  special  state  board  or  commission 
for  the  settlement  of  industrial  disputes.  A  detailed  description 
of  all  these  laws  will  not  be  necessary  here.  There  was  much 
copying  in  drafting  the  later  ones,  as  the  earlier  ones  proved  their 
strength. 

Forms  of  State  Legislation.  —  The  central  idea  running 
through  them  all  was  the  desire  to  arrange  a  method  whereby  the 
state  government  could  in  an  official  way  either  offer  its  services 
or  give  public  legal  sanction  to  some  private  agency  for  settle- 
ment. This,  as  has  been  shown,  was  especially  favored  by  the 
workingmen.  They  became,  through  their  various  organiza- 
tions, active  in  securing  the  laws  and  frequently  looked  upon 
them  with  especial  favor  as  the  product  of  their  own  work.  As  to 
results  Dr.  Hatch  disposes  of  the  first  group  with  the  comment: 
"all  turned  out  to  be  practically  dead  letters."  Of  the  second 
class,  permanent  local  boards  established  by  private  parties,  he 
further  says  "much  the  same  verdict  of  failure  as  above  must 
be  pronounced."  The  plan  of  intervention  by  a  state  com- 
missioner appears  to  have  worked  somewhat  better.  Reports 
show  positive  results  though  falling  in  fact  far  short  of  expecta- 
tions.    The  later  enactment  of  a  law  in  some  of  these  states 


2l8    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

establishing  a  state  board  is  in  itself  evidence  that  the  single 
commissioner  plan  did  not  meet  with  the  success  that  was  an- 
ticipated. 

The  State  Boards.  —  It  is  in  connection  with  the  state  boards 
that  the  most  serious  and  profitable  work  has  been  done.  This 
plan  has  been  adopted  in  by  far  the  larger  number  of  states  in- 
cluding the  leading  industrial  commonwealths,  as  New  York, 
Massachusetts,  Connecticut,  New  Jersey,  Ohio,  Illinois,  Missouri 
and  others.  The  importance  of  this  class  of  laws  and  their  ac- 
complishments warrants  more  detailed  description.  New  York 
and  Massachusetts  led  off  with  their  laws  both  in  the  same  year, 
1886,  and  they  were  in  a  sense  models  for  the  other  states  of  this 
class.  Boards  were  constituted  by  appointment  by  the  governor, 
confirmed  by  the  senate.  In  Massachusetts  the  provision  was 
that  employers  and  employees  both  be  represented  by  a  member 
of  the  board  and  that  the  third  member  be  chosen  by  the  other 
two  and  appointed  by  the  governor  of  the  state.  In  New  York 
the  personnel  was  different.  The  appointments  were  all  to  be 
made  by  the  governor,  one  to  be  selected  from  each  of  the  two 
largest  political  parties  and  the  third  from  a  labor  organization. 
This  has  been  changed  in  more  recent  legislation  so  that  the  bi- 
partisan character  of  the  New  York  board  has  disappeared.  The 
work  is  now  under  the  direction  of  the  Industrial  Commission 
created  by  the  191 5  session  of  the  legislature.  If  partisan  at 
all,  it  has,  of  course,  the  complexion  of  the  party  in  power.  The 
Massachusetts  principle  of  representation  of  employers,  em- 
ployees and  the  state  has  been  retained  in  that  Commonwealth. 
These  boards  were  intended  to  act  as  boards  of  mediation  or  of 
voluntary  arbitration  giving  their  services  when  called  in  by  the 
parties  concerned.  The  award  was  intended  to  be  binding  upon 
the  parties,  the  invitation  to  arbitrate  being  understood  to  be  an 
agreement  to  accept  the  award.  The  plan  was  not  intended  in 
any  sense  to  be  an  application  of  the  compulsory  arbitration 
principle,  as  the  award  is  binding  only  by  voluntary  assent  that  it 
be  so. 

An  important  feature  is  the  provision  for  public  or  compulsory 
investigation.  The  New  York  board  was  simply  authorized  to 
make  an  inquiry  into  the  causes  of  the  trouble  and  publish  the 
same,  and  the  Massachusetts  plan  authorizes  the  board  to  go 
further  and  fix  the  responsibility  for  the  outbreak.    In  this  state 


ARBITRATION  219 

such  investigation  is  obligatory.  This  brief  outline  makes  no 
attempt  to  describe  the  details  of  the  provisions  of  either  of  these 
two  state  boards  or  to  enter  into  any  discussion  of  those  of  other 
states.  New  York  and  Massachusetts  have  been  admittedly 
leaders  in  the  provision  for  such  arbitration.  The  other  states 
have  freely  copied  their  plans.  "The  prevailing  type  (of  state 
board),  judging  by  the  number  of  states  adopting  it,  is  that  of  the 
New  York  laws,"  says  Stimson,  in  his  Handbook,  though  he 
thinks  that  perhaps  the  Massachusetts  law  has  worked  rather 
better  in  practice. 


CHAPTER  Xin 
ARBITRATION  (Continued) 

Results  of  State  Boards.  —  The  results  accomplished  by  this 
method  of  state  arbitration  are  not  easy  to  estimate.  Much 
difference  of  opinion  exists.  Dr.  Hatch,  writing  in  1905,  divided 
the  seventeen  state  boards  then  existing  into  two  groups.  One 
included  "those  which  have  been"  active  relatively  little  or  not 
at  all."  This  group  included  nine  states.  The  other  included 
"those  with  records  of  some  considerable  activity  ever  since 
their  establishment."  Of  these  there  are  eight:  New  York, 
Massachusetts,  New  Jersey,  Ohio,  Wisconsin,  Illinois,  Indiana, 
Missouri;  all  of  them  important  industrial  states  with  large  and 
complex  industries. 

The  New  York  board,  the  pioneer  board  of  the  movement, 
was  first  organized  as  a  board  with  appellate  jurisdiction  only. 
Local  boards  provided  for  in  the  law  must  be  called  in  first, 
and  only  on  their  failure  could  the  state  board  act.  Events 
forced  a  change  almost  immediately.  Two  strikes  of  some 
magnitude  occurred.  Ten  thousand  laborers,  chiefly  women 
in  the  collar  industry  at  Troy,  were  involved  in  a  combination 
strike  and  lockout.  In  this  same  city  2,500  hands  were  on  strike 
in  the  steel  and  iron  works.  The  board  was  ready  to  act  and 
public  and  press  joined  in  a  call  for  its  action.  But  in  the  opinion 
both  of  the  board  itself  and  of  the  attorney  general  of  the  state, 
the  law  gave  the  board  no  authority  to  act  on  its  own  initiative. 
Yielding  to  popular  demand  the  board  did  offer  its  services 
in  mediation  and  succeeded  in  bringing  the  parties  together  for 
a  settlement.  In  six  other  instances  similar  action  was  taken 
within  a  few  months  though  such  action  had  no  legal  justifica- 
tion. At  the  next  session  of  the  legislature  the  provisions  were 
changed  giving  the  board  direct  jurisdiction  when  appealed  to 
by  the  parties,  and  also  extending  its  authority  in  mediation 
and  investigation.  This  placed  the  law  on  a  more  permanent 
basis.    Referring  to  the  possibilities  under  the  law  the  commis- 

220 


ARBITRATION  221 

sioner  states  in  his  report  for  1913:  "In  the  nature  of  the  case, 
as  the  law  now  stands,  what  shall  be  done  in  this  field  depends 
mainly  upon  the  policy  of  the  Commissioner  of  Labor.  The 
Department  may  intervene  at  any  time  for  purposes  of  con- 
ciliation (mediation),  and  it  may  publicly  investigate  any  dis- 
pute at  any  time.  It  can  do  nothing  through  arbitration  except 
as  parties  in  dispute  agree  that  it  shall,  but  outside  of  that  its 
activities  in  the  line  of  friendly  reasoning  or  investigation  on 
behalf  of  the  public  depend  upon  the  policy  of  the  Department." 
The  commissioner  emphasizes  the  possibilities  of  public  investi- 
gation, and  states  it  as  a  part  of  the  program  "to  make  freer 
use  of  this  power  of  public  investigation,  whenever  the  public 
interest  seems  to  warrant.  This  power  has  been  but  little  used 
in  the  past  in  this  state,  but  the  experience  we  have,  and  es- 
pecially experience  elsewhere,  indicates  that  this  is  in  line  with 
modern  progress." 

Estimate  by  Officials.  —  If  the  officials  themselves  be  left  to 
speak  on  their  usefulness  it  cannot  be  said  that  modesty  stands 
in  the  way  of  candid  expression  of  their  conception  of  the  value 
of  their  work.  In  a  report  of  a  western  state  a  commissioner 
says:  "Wherever  difficulties  of  any  kind  have  occurred  be- 
tween employers  and  employees  your  commissioner  has  in- 
variably been  called  upon  as  a  mediator,  and  in  nearly  all  in- 
stances his  efforts  have  resulted  in  a  speedy  and  satisfactory 
adjustment  of  all  difficulties."  For  a  period  of  ten  years  the 
reports  of  this  bureau  show  71  strikes.  In  three  only  did  the 
commissioner  intervene.  One  intervention  was  at  the  request 
of  the  governor,  another  was  on  his  own  motion  and  the  third 
was  at  the  request  of  the  parties.  The  reports  do  not  show  that 
he  brought  about  a  settlement  in  any  one  of  these  instances. 

Writing  for  the  American  Federationist,  in  1894,  a  member 
of  the  New  York  State  Board  presents  rather  a  vivid  picture. 
"Arbitration  is  growing."  If  employer  and  employee  "have 
differences,  let  an  entirely  disinterested  party  appointed  by 
the  state  be  called  in  and  settle  the  points  at  issue.  That  this 
is  feasible  has  already  been  amply  demonstrated.  .  .  .  Arbi- 
tration by  the  state  has  already  accomplished  much  in  New 
York.  .  .  .  The  Arbitration  Commission  is  ever  watchful 
and  its  good  offices  always  in  demand.  The  sanguine  striker 
in  the  first  flush  of  the  battle  may  ignore  the  peacemaker,  but 


222    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

returning  reason  accepts  his  intervention.  The  just  employer 
recognizes  the  utility  of  this  state  official.  The  hostile  forces 
are  brought  together  by  the  arbitrator,  reason  and  justice  sit 
down  on  the  same  bench  and  the  result  is  the  workman  returns 
to  his  shop." 

Results  as  Shown  in  Reports.  —  During  the  first  fourteen 
years  under  the  law,  down  to  the  end  of  1900,  there  were  in  New 
York  State  6,189  strikes  and  lockouts  reported.  Of  these  the 
board  intervened  in  390  cases  (6.3%).  Of  this  number  the  board 
took  preliminary  action  only  in  135  cases.  There  was  positive 
intervention  in  274  cases.  In  119  of  these  the  result  was  a  settle- 
ment and  in  155  cases  the  board  failed  to  secure  a  settlement. 
This  gives  a  net  result  of  securing  a  settlement  in  less  than  2% 
of  the  strikes  during  the  period,  though  there  was  aggressive 
intervention  in  nearly  4.5%  of  the  disturbances.  Of  the  119 
settlements  effected,  97  were  by  mediation,  21  by  arbitration 
and  one  through  public  investigation.  Of  the  cases  in  which 
the  board  acted  (1886-1900)  the  request  came  from  employers 
in  16  cases,  from  employees  in  34  cases,  and  from  both  in  8 
cases.  In  58  cases  in  all,  or  about  one-seventh  of  the  number 
of  interventions,  were  the  services  of  the  board  sought.  During 
the  last  two  years  for  which  figures  are  available,  19 12  and  19 13, 
the  reports  show  again  the  results  of  the  work  of  this  board.  In 
the  two  years  there  were  452  strikes  and  lockouts.  Of  these 
244  were  settled  either  wholly  or  partly  in  accordance  with 
the  demands  of  employees,  185  were  settled  by  direct  negotia- 
tion between  the  parties,  53  by  mediation  of  the  state  bureau, 
one  by  mediation  of  outside  agencies,  and  5  by  arbitration. 
Thus  it  appears  that  of  the  452  strikes,  5  were  successfully 
arbitrated  by  the  state  board,  and  53  successfully  mediated. 
Of  the  131  interventions  made  in  the  two  years,  37  were  made 
on  request. 

On  the  basis  of  these  figures  the  report  of  19 13  says:  "The 
State  Department  of  Labor  through  this  Bureau  has  exercised 
a  growing  influence  in  the  prevention  of  strikes  and  the  settle- 
ment of  industrial  disputes.  The  Bureau  has  intervened  in  all 
of  the  important  disputes  of  the  year  and  is  recognized  through- 
out the  state  as  a  fair,  impartial  body;  employers  and  work- 
men alike  usually  welcome  its  activities." 

In  the  experience  of  Massachusetts  a  few  months  were  suffi- 


ARBITRATION  223 

cient  to  show  that  the  law  as  at  first  passed  did  not  give  the 
board  sufficient  scope.  It  was  amended  at  the  first  oppor- 
tunity, by  giving  the  board  the  power  to  intervene  of  its  own 
motion,  and  to  conduct  public  investigation  as  well  as  media- 
tion or  arbitration.  Summing  up  the  work  of  the  first  eighteen 
years  (as  shown  in  Dr.  Hatch's  study),  there  were  2,628  strikes 
and  lockouts  in  the  state  during  the  period.  Of  these  the  board 
acted  in  524  cases,  or  20%.  Of  action  taken  before  suspension 
of  work  there  were  419  cases,  making  a  total  of  943  interven- 
tions, 36%  of  the  number  of  strikes.  Of  these  943  interventions, 
69  were  on  invitation  from  employers,  154  from  workmen.  In 
255  cases  both  parties  joined  in  the  invitation,  a  total  of  478 
instances,  leaving  465  cases  where  the  board  intervened  of  its 
own  initiative.  In  27%  of  the  total  number  of  cases  of  inter- 
vention the  invitation  came  from  both  parties.  In  a  total  of 
409  cases  the  workman  showed  confidence  in  the  board  and 
in  a  total  of  324  instances  the  employers  were  willing  to  seek 
the  board's  assistance.  The  success  of  the  board  is  shown  by 
185  cases  of  preliminary  action  only,  460  settlements  effected 
and  298  failures.  The  disputes  settled  by  mediation  numbered 
229,  and  by  arbitration  224.  Public  investigation  was  the 
means  of  settling  3,  and  4  were  decided  on  submission  of  one 
party. 

Comparison  between  the  work  of  these  two  boards  for  these 
years  shows  that  the  Massachusetts  board  has  been  the  more 
successful  in  arbitration. 

Obstacles  to  Success  of  State  Boards.  —  In  spite  of  these 
evidences  of  success  on  the  part  of  the  state  boards,  there  re- 
mains a  drawback  that  has  very  seriously  hindered  them  in  the 
past  and  must  continue  to  do  so  as  long  as  they  are  composed 
as  they  are.  This  drawback  is  the  charge  of  political  influence. 
As  they  are  appointed,  they  can  hardly  be  expected  to  escape 
all  consideration  of  political  advantage.  As  the  members  are 
more  or  less  directly  connected  with  the  political  fortunes  of 
their  party,  it  is  difficult  for  them  to  make  it  clear  that  they 
are  acting  without  reference  to  party  welfare.  Employers  in 
a  private  way  are  very  outspoken  on  this  point.  It  is  not  un- 
common for  them  to  refuse  because  they  have  the  suspicion 
that  the  board  is  looking  for  a  chance  to  make  campaign  ma- 
terial for  the  next  election.    The  larger  the  numbers  involved 


224    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

in  the  strike  the  greater  the  temptation  to  "play  politics"  in 
the  efforts  to  bring  about  a  settlement.  No  one  is  quicker  than 
the  shrewd  employer  to  detect  such  a  motive.  Many  of  them 
rebel  against  such  a  use  being  made  of  the  situation.  One 
prominent  among  organized  employers  declares  that  "a  polit- 
ically created  state  board  cannot  by  the  very  nature  of  its  being 
render  just  and  impartial  decisions  in  labor  disputes."  The 
evidence  in  support  of  such  a  contention  .is  not  easily  gathered 
and  cannot  be  tabulated  in  mathematical  form.  It  is  not  a 
matter  of  public  record.  It  is  to  be  discovered  by  reading  be- 
tween the  lines  and  by  listening  to  both  employers  and  other 
representative  men  when  they  are  not  talking  for  publication. 
It  comes  from  experience  and  observation.  It  impresses  itself 
upon  those  most  directly  concerned  while  they  are  having  the 
practical  experiences  of  labor  troubles  to  be  settled.  Many  an 
employer  is  too  suspicious  of  the  motives  of  the  members  of  the 
board  and  of  their  methods  of  work,  even  while  for  expediency's 
sake  he  submits  to  mediation  at  their  hands.  This  difficulty  is 
beyond  doubt  a  real  one.  The  boards  themselves  in  many 
instances  by  their  very  methods  of  work  have  aroused  and 
strengthened  the  suspicion  against  them.  However  glowing 
may  be  the  accounts  of  their  own  work  as  stated  by  themselves 
in  their  official  reports,  the  fact  remains  that  the  suspicion  of 
politics  forms  a  very  real  barrier  to  the  expanding  usefulness 
of  the  state  boards. 

FEDERAL   LEGISLATION   AND   ARBITRATION 

The  serious  strikes  of  the  eighties  had  an  effect  on  arbitration 
that  was  not  confined  to  the  commonwealths  alone.  In  Con- 
gress the  matter  was  given  serious  attention.  The  result  was  the 
beginning  of  a  development  that  has  not  yet  reached  a  conclu- 
sion. 

First  Legislation.  —  In  1886  a  special  Presidential  message 
was  addressed  to  Congress  urging  action.  In  1888  the  first 
federal  law  was  passed.  Recognizing  the  constitutional  limita- 
tions on  Congress  the  law  was  made  applicable  only  to  trans- 
portation agencies  and  to  disputes  that  affected  interstate  traffic. 
As  an  arbitration  measure  it  was  provided  that  if  the  parties 
agreed,  two  should  be  selected,  one  by  the  railroads  and  one  by 


ARBITRATION  225 

the  employees,  and  they  two  should  select  a  third.  Such  a  board 
was  given  power  to  secure  evidence  similar  to  commissioners 
appointed  by  courts.  The  award  was  to  be  reported  to  the 
United  States  Commissioner  of  Labor  and  by  him  published. 
The  publication  of  the  report  ended  the  existence  of  the  board. 
The  parties  could  accept  or  not  its  decrees.  This  was  as  far  in 
the  direction  of  arbitration  as  it  was  thought  safe  for  Congress  to 
go  and  the  plan  was  one  of  voluntary  arbitration  with  legal 
authority  for  the  arbitrators  to  secure  evidence. 

Legal  Investigation.  —  The  bill  contained  also  a  provision  for 
legal  investigation.  It  gave  the  President  power  to  appoint  two 
commissioners  who  together  with  the  Commissioner  of  Labor 
should  constitute  a  board  of  inquiry.  The  authority  of  this 
board  was  the  same  as  in  the  other  case.  It  might  be  called  into 
existence  in  any  one  of  three  ways:  at  the  instance  of  the  Pres- 
ident, upon  request  of  one  of  the  parties,  or  upon  the  request  of 
the  governor  of  the  Commonwealth.  This  was  the  provision 
similar  to  the  compulsory  investigation  plans  adopted  by  several 
of  the  states.  This  law  providing  for  voluntary  arbitration  and 
compulsory  investigation  was  an  experiment.  Many  had  hopes 
that  it  would  be  useful.  These  expectations  proved  not  to  be 
well  founded,  however.  No  arbitration  occurred  during  the 
ten  years  of  its  life  and  there  was  but  one  investigation.  The 
Pullman  strike  of  1894  came  to  an  end  about  the  middle  of  July. 
The  Cleveland  Commission  of  investigation  was  appointed  on 
July  26th.  There  being  then  no  dispute  to  settle  it  proceeded  to 
investigate  the  events  of  the  strike  and  made  some  valuable 
recommendations.  In  November  the  report  was  made  to  the 
President  and  submitted  by  him  to  Congress  in  December.  It 
could  hardly  be  called  an  effort  to  settle  the  strike.  Yet  the 
report  was  important  in  that  it  revealed  conditions  and  made 
recommendations  that  led  to  a  new  law.  Four  years  later,  1898, 
the  new  law  was  passed.  The  investigation  feature  was  dropped 
and  provision  was  made  for  mediation  and  arbitration.  The 
same  constitutional  limitations  were  recognized  and  practically 
the  same  questions  were  subject  to  the  jurisdiction  of  the  board. 
Mediation  was  evidently  not  regarded  as  offering  very  hopeful 
prospects.  If  requested  by  either  party  to  the  dispute,  the  Chair- 
man of  the  Interstate  Commerce  Commission  and  the  Commis- 
sioner of  Labor  were  to  extend  their  aid  in  mediating  the  con- 


226    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

troversy.  In  case  they  did  not  succeed  they  were  then  to 
attempt  to  secure  arbitration. 

The  New  Law :  Arbitration  Features.  —  The  larger  part  of 
the  law  was  concerned  with  arbitration.  This  was  of  course  to  be 
voluntary.  The  steps  toward  organization  were  strengthened  by 
authorizing  the  Chairman  of  the  Interstate  Commerce  Commis- 
sion and  the  Commissioner  of  Labor  to  name  the  third  member 
in  case  the  two  appointed  should  not  within  five  days  agree  upon 
the  third.  In  still  another  respect  the  new  law  was  much  more 
positive.  In  case  the  board  of  arbitration  was  constituted,  both 
parties  must  bind  themselves  to  accept  the  award,  refrain  from 
strike  or  lockout  pending  the  arbitration,  and  observe  the  award 
for  at  least  thirty  days.  This  was  made  enforceable  by  court 
procedure. 

Five  specific  things  must  be  agreed  to  by  the  parties,  (i) 
Pending  the  arbitration  the  status  prior  to  the  dispute  must 
remain.  (2)  The  award  must  be  final  unless  appealed  and  set 
aside  on  points  of  law.  (3)  The  award  must  be  executed  and 
was  enforceable  in  equity.  (4)  For  three  months  neither 
party  could  sever  the  employment  relation  without  thirty  days' 
written  notice.  (5)  The  award  was  to  continue  in  force  one  year 
with  no  new  arbitration  on  the  subject  unless  an  appeal  should 
set  the  award  aside. 

Mediation  Features.  —  In  mediation  a  gain  was  made  in  this 
law  in  establishing  a  permanent  agency  for  that  purpose.  This 
made  it  easier  to  secure  this  form  of  action.  On  the  other  hand, 
it  was  undoubtedly  a  loss  in  that  the  new  law  allowed  action  only 
on  request  of  one  or  both  of  the  parties,  whereas  under  the 
former  law  the  President  could  of  his  own  initiative  start  the 
mediation. 

In  arbitration  the  law  was  changed  from  voluntary  arbitration 
with  voluntary  award  to  voluntary  arbitration  with  compulsory 
award. 

If  any  new  hopes  were  attached  to  this  revision  of  the  law, 
they  were  destined  to  be  deferred,  for  during  its  early  life  the 
law  was  not  invoked  in  either  of  its  provisions.  Some  efforts 
were  made  by  the  two  designated  officials  to  bring  about  ar- 
bitration but  to  no  satisfactory  purpose.  The  familiar  reply  was 
made  by  the  railway  companies  refusing  to  arbitrate. 

Inactivity  of  First  Years.  —  For  eight  years  the  law  remained 


ARBITRATION  227 

practically  a  dead  letter,  only  one  effort  being  made  during  the 
time  to  use  it  and  that  proving  a  failure.  The  general  opinion 
prevailed  that  the  attempt  had  come  to  naught.  About  1906  the 
law  was  revived  in  practice  and  since  that  time  it  has  been  a 
factor  of  great  importance  in  adjusting  railroad  labor  contro- 
versies. The  arbitration  provision  that  was  so  fully  elaborated 
in  the  law  has  been  distinctly  subordinate  in  practice,  while  the 
mediation  provision  has  proved  to  be  by  far  the  more  important. 

For  the  seven  years  ending  191 1,  the  law  has  been  invoked  in  a 
total  of  forty-eight  cases,  and  as  some  of  these  involved  more 
than  a  single  controversy  the  number  of  controversies  totals 
nearly  sixty.  Of  these,  nineteen  cases  came  by  application  from 
the  companies,  thirteen  from  employees,  and  sixteen  were  joint 
applications.  While  the  number  of  cases  in  which  the  employer 
showed  willingness  to  mediate  by  appealing  to  the  law  is  not  so 
much  larger  than  the  other,  it  is  of  some  importance  to  note  that 
these  nineteen  cases  involved  a  total  railroad  mileage  of  390,000 
miles  and  126,000  men,  a  mileage  and  a  number  of  men  far 
greater  than  in  either  of  the  other  cases.  The  total  for  the  whole 
forty-eight  cases  was  505,000  miles  and  163,000  men.  This  dif- 
ference is  explained  as  being  due  to  the  fact  that  when  a  strike 
is  threatened  that  may  become  really  serious,  it  is  the  company 
rather  than  the  employees  which  desires  to  bring  about  a  settle- 
ment through  the  friendly  offices  of  the  mediators.  Of  all  these 
cases  only  two  came  prior  to  1907.  This  revival  of  the  law  has 
been  a  very  hopeful  feature  to  those  who  advocate  mediation 
and  arbitration  through  government  agencies.  The  cases  in- 
volve a  wide  variety  of  controversies  touching  practically  every 
possible  point  that  is  raised  in  determining  working  relations 
between  railroads  and  their  employees.  The  frequency  of  the 
appeal  is  also  marked  in  the  latter  years.  In  five  years  only  once 
was  there  a  period  as  long  as  three  months  during  which  media- 
tion was  not  invoked. 

Reasons  for  Slow  Development.  —  Doubtless  the  slowness 
with  which  this  Erdman  Act  was  brought  into  working  operation 
was  largely  due  to  the  provision  that  arbitration  meant  an  ac- 
ceptance of  the  award  and  there  was  no  provision  for  mediation 
except  upon  the  initiative  of  one  of  the  parties  in  dispute.  It  was 
not  until  those  made  responsible  in  the  law  for  carrying  into  effect 
its  provisions  began  to  assume  the  initiative  that  the  law  began 


228    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

to  revive.  This  initiative  was  of  course  extra-legal.  By  indirect 
methods,  however,  the  officials  brought  to  the  attention  of  one 
of  the  parties  their  desire  to  assist.  This  was  usually  so  adroitly 
done  that  the  pressure  of  public  opinion  was  made  to  count  and 
a  refusal  to  invite  mediation  would  mean  a  loss  of  public  sym- 
pathy. By  this  skillful  method  the  obstacles  to  the  working  of 
the  law  were  removed.  The  proportion  of  mediation  to  arbitra- 
tion indicates  the  relative  importance  of  the  two  in  practice. 
Of  the  forty-eight  cases  four  were  arbitrated  directly  without 
mediation.  Of  the  forty-four  remaining  cases,  thirty-six  were 
settled  by  mediation,  and  of  the  remaining  eight  that  were 
carried  on  to  arbitration  the  greater  number  of  points  in  con- 
troversy were  mediated.  By  the  skill  and  tact  of  the  officials 
concerned  the  law  was  saved  and  mediation  was  brought  into 
action  again.  Arbitration  with  compulsory  award  still  remained 
the  dream  of  those  who  gave  to  it  so  large  a  place  in  the  Erdman 
act. 

One  other  point  noted  from  the  experience  with  this  act  is 
of  especial  importance.  In  both  mediation  and  arbitration 
cases  the  employees  have  been  members  of  organizations  and 
have  carried  on  their  part  of  the  proceedings  through  their 
official  representatives.  These  are  usually  the  national  officers 
of  the  respective  unions  involved  in  the  trouble.  In  the  words 
of  the  Commissioner  of  Labor:  "Although  the  law  applies 
equally  to  organized  and  unorganized  workers,  it  is  difficult 
to  see  how  its  provisions  could  be  carried  out  with  any  degree 
of  satisfaction  except  in  cases  where  organized  employees  are 
dealt  with.  Much  of  the  success  which  has  marked  the  opera- 
tion of  the  law  thus  far  is  probably  due  to  the  fact  that  the 
classes  of  employees  with  whom  it  deals  are  strongly  organized 
and  well  disciplined  groups." 

Growing  Confidence.  —  The  steadily  growing  confidence  in 
this  act  is  shown  by  the  facts.  Prior  to  1906  the  provisions  were 
invoked  but  once.  This  case  was  one  in  which  the  employees 
sent  the  request  for  mediation  and  the  railroad  officials  refused 
to  consider  either  mediation  or  arbitration.  Since  that  date, 
as  the  reports  state,  "there  has  been  no  single  instance  in 
which  mediation  has  been  definitely  rejected  in  any  case  of 
consequence  in  which  a  strike  was  seriously  threatened.  .  .  . 
As  a  rule,  whenever  an  application  for  mediation  has  been 


ARBITRATION  229 

made  by  either  side  in  any  serious  case,  the  other  party  to  the 
controversy  has  cordially  accepted  the  mediators'  tender  of 
friendly  offices,  and  negotiations  have  been  undertaken  which 
have  uniformly  resulted  in  an  amicable  adjustment  of  the 
pending  controversy." 

Though  this  law  has  been  on  the  statute  books  since  1898 
and  has  had  at  least  five  years  of  active  application  the  Com- 
missioner of  Labor  in  1912  said  of  it,  "In  spite  of  the  large 
number  of  serious  controversies  successfully  handled,  the  law 
may  be  said  to  be  in  an  experimental  stage,  and  it  is  too  early 
yet  to  predict  that  it  will  meet  the  exigencies  of  the  future  as 
it  has  those  of  the  past  five  years." 

Recent  Changes.  —  The  unsatisfactory  result  of  the  arbi- 
tration in  the  case  of  the  Locomotive  Engineers  on  the  eastern 
railroads,  in  19 12,  was  keenly  felt  by  the  parties  concerned. 
In  this  case  fifty-two  roads  and  over  thirty  thousand  engineers 
were  involved.  Public  opinion  was  satisfied  because  a  strike 
was  averted.  The  influence  of  the  public  as  decisive  was  evi- 
denced by  the  fact  that  the  difficulties  were  arbitrated  at 
all  under  the  Erdman  Act.  The  railroad  managers  objected 
to  so  small  a  number  as  three  on  the  arbitration  board  and 
finally  it  was  agreed  that  without  legal  authority  the  board 
should  be  enlarged  by  the  addition  of  four  more,  making  a 
board  of  seven,  five  of  whom  were  regarded  as  representatives 
of  the  public.  When  in  the  spring  of  the  next  year  the  firemen 
of  the  same  district  presented  similar  demands  they  insisted 
upon  arbitration  under  the  Erdman  Act.  The  railroads  finally 
yielded  under  protest,  and  a  board  of  three  members  was  agreed 
upon. 

This  was  followed  immediately  by  demands  from  the  conduc- 
tors and  trainmen.  They  also  proposed  arbitration  under  the 
same  law.  The  roads  again  objected  on  the  ground  that  a 
board  of  three,  made  up  as  it  was,  virtually  left  the  decision 
in  the  hands  of  one  man.  The  matters  involved  were  quite 
too  important  and  too  complex  to  be  settled  in  this  way.  The 
roads  and  the  workmen  had  both  had  experience  within  a  few 
months,  once  with  a  large  board  and  once  with  a  small  one. 
These  two  controversies  had  served  to  bring  to  light  other 
defects  of  the  act  also.  While  negotiations  were  pending  in  this 
third  case,  representatives  of  both  the  railroads  and  the  brother- 


230    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

hoods  of  workmen  came  together  in  agreement  on  a  bill  that 
should  take  the  place  of  the  Erdman  Act.  The  understanding 
was  that  if  this  new  bill  should  at  once  become  law  the  pending 
controversy  would  be  settled  by  an  application  of  its  provisions. 
The  bill  was  put  through  practically  without  opposition  and 
the  case  of  the  conductors  and  trainmen  was  the  first  to  be 
adjusted  by  it. 

Character  of  New  Law.  —  The  new  law>  known  as  the  New- 
lands  Act,  became  effective  in  the  summer  of  19 13,  fifteen 
years  after  the  Erdman  law  was  enacted.  It  repealed  its  prede- 
cessor. In  its  place  there  was  established  a  board  of  mediation 
with  a  commissioner,  an  assistant  commissioner  and  not  more 
than  two  other  government  officials  appointed  by  the  President 
and  Senate.  The  commissionership  is  a  permanent  office,  the 
appointment  being  for  seven  years.  The  board  is  to  deal,  as 
did  the  former  one,  with  such  disputes  between  interstate 
railroads  and  their  employees  engaged  in  train  service  over 
question  of  wages,  hours  of  labor  or  conditions  of  employment 
as  may  threaten  serious  interruption  of  business.  Either  party 
may  appeal  to  the  board  for  mediation  or  for  its  services  in 
bringing  about  arbitration.  Also  the  board  may  at  its  discretion 
offer  its  services  of  its  own  initiative.  Arbitration  boards  are 
provided  for  to  consist  of  three  or  six  members  as  the  parties 
may  agree.  One-third  of  such  board  is  to  be  named  by  each 
party  and  the  remaining  third  selected  by  these.  In  case  they 
come  to  no  agreement  in  the  choice  of  members  the  board  of 
mediation  appoints  them.  The  award  of  the  board  must  be 
accepted  by  both  parties,  though  this  provision  is  qualified  so 
as  to  protect  individual  rights  that  might  otherwise  raise  the 
question  of  constitutionalty.  The  board  must  confine  itself 
in  its  award  to  questions  that  are  regularly  brought  before  it 
in  the  agreement  and  in  the  hearing. 

As  the  first  permanent  organization  of  the  board  of  mediation 
the  President  has  appointed  the  minimun  number,  adding  to 
the  commissioner  and  assistant  commissioner  one  other  member 
(the  law  permits  the  appointment  of  not  more  than  two).  In 
the  first  case  under  the  new  Newlands  law  the  arbitration  board 
consisted  of  six  members.  In  one  other  case  since  that  the 
board  has  been  made  up  of  the  larger  number.  In  two  other 
cases,  three  have  constituted  the  board  of  arbitration. 


ARBITRATION  231 

First  Applications.  —  Unlike  the  Erdman  Act  this  new  arbi- 
tration plan  received  a  severe  test  at  the  beginning.  It  seems 
thus  far  to  have  established  its  superiority.  Its  very  existence 
is  strong  witness  of  the  importance  of  public  opinion  as  an 
influence  against  railroad  strikes.  Clearly  one  thing  the  public 
demands,  and  that  is  that  whatever  the  difference  of  opinion 
may  be  as  to  what  constitutes  a  fair  working  bargain,  it  must 
be  adjusted  without  cessation  of  work.  This  was  clearly  evident 
in  the  agreements  to  arbitrate  during  the  last  two  years  of  the 
old  measure.  Though  neither  party  was  satisfied  with  the 
fairness  of  the  plan  they  agreed  to  submit  to  it.  The  new  plan 
aims  to  remove  some  of  these  objections  and  probably  does. 
The  public  has  all  the  stronger  reason  for  expecting  the  adjust- 
ment of  differences  without  tying  up  interstate  traffic.  Though 
it  may  prove  to  be  somewhat  over-sanguine,  there  is  much 
reason  for  agreement  with  the  optimism  of  one  of  the  chief 
promoters  of  this  new  law,  the  Executive  Secretary  of  the 
National  Civic  Federation,  when  he  says  that  the  new  law 
"may  reasonably  be  taken  to  mean  that  we  are  to  have  no  more 
strikes  on  the  railroads  of  this  country." 

The  procedure  in  the  case  of  these  brotherhoods  and  their 
demands  upon  the  railroads  reveals  an  interesting  phase  of 
the  development.  The  pressure  of  public  opinion  was  so  strong 
that  not  only  was  each  unwilling  to  accept  the  responsibility 
of  resisting  it,  but  a  law  was  enacted  expressly  for  the  purpose 
of  opening  the  way  for  a  settlement.  A  provision  in  the  law 
requiring  arbitration  would  have  been  in  all  probability  uncon- 
stitutional. Virtual  compulsory  arbitration  was  secured  through 
the  pressure  of  public  opinion.  It  may  be  that  we  are  about  to 
enter  upon  a  regime  of  arbitration  made  compulsory  by  the 
force  of  public  opinion,  a  force  that  cannot  be  submitted  to 
the  constitutionality  test  and  that  cannot  be  resisted  with 
impunity  by  either  party.  This  would  be  virtually  compulsory 
arbitration  in  all  of  its  beneficial  elements  without  the  objec- 
tions that  are  raised  against  the  legal  compulsion  of  the  parties. 
It  is  to  be  hoped  that  this  public  opinion  form  of  compulsion 
will  be  given  a  thorough  trial  before  further  steps  are  taken 
in  the  direction  of  legal  compulsion. 

Possible  Weaknesses.  —  If  it  has  been  clearly  established 
that  the  public  has  a  voice,  it  is  not  so  certain  that  the  best 


232     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

plan  has  been  formed  by  this  new  law.  It  was  hurriedly  passed, 
more  to  meet  an  emergency  than  to  formulate  a  satisfactory 
plan.  It  has  defects,  and  some  of  these  are  already  being  dis- 
cussed.   Among  them  may  be  mentioned  the  following: 

(i)  The  problems  with  which  a  board  has  to  deal  should  not 
be  regarded  as  simple  because  they  deal  only  with  wages,  hours 
of  labor  and  conditions  of  employment.  In  the  conductors' 
and  trainmen's  case  seventeen  articles  were  submitted,  extremely 
complex  and  technical  in  their  nature.  These  were  offset  by 
eight  articles  submitted  as  counter  propositions  by  the  managers 
for  the  railroads.  To  these  the  labor  representatives  objected 
most  vigorously  and  they  were  finally  withdrawn  though  not 
without  protest.  The  matter  is  one  on  which  the  railroads 
may  be  expected  to  insist,  however,  as  from  their  point  of  view 
they  cannot  be  expected  to  allow  the  employees  to  present  de- 
mands, some  or  all  of  which  may  be  allowed,  without  them- 
selves standing  also  to  gain  something  from  the  arbitration.  It 
seems  but  reasonable  to  hold  that  if  adjustments  are  to  be 
made  both  sides  should  have  a  chance  at  the  same  time  of 
making  any  propositions  it  may  choose  before  the  arbitrators. 
Otherwise  it  will  be  only  a  question  of  how  much  or  how  little 
the  workman  can  gain,  which  restated  may  read  how  little  or 
how  much  the  roads  must  lose. 

(2)  The  Newlands  Act  makes  no  provision  for  unorganized 
laborers  to  appeal  to  it.  This  may  appear  a  serious  matter, 
but  it  loses  its  seriousness  in  the  face  of  the  policy  that  prac- 
tically all  of  the  railway  brotherhoods  adopt  of  insisting  that 
their  agreements  shall  apply  to  all  employees  whether  members 
of  the  organization  or  not.  So  long  as  the  law  applies  only  to 
employees  concerned  in  train  operation  this  objection  has  but 
little  more  than  academic  value. 

(3)  It  is  proposed  to  extend  the  provisions  of  the  law  so  as 
to  include  all  classes  of  railroad  men,  instead  of  train  operatives 
only.  This  would  doubtless  raise  legal  objections  that  should 
not  be  forced  for  consideration  yet. 

(4)  Again  it  is  suggested  that  this  board,  so  influential  in 
adjusting  wages,  should  be  more  directly  united  by  working 
relations  with  the  Interstate  Commerce  Commission,  the  body 
that  is  responsible  for  adjusting  traffic  rates. 

(5)  Further  extension  of  the  law  is  also  proposed,  making  its 


ARBITRATION  233 

provisions  applicable  to  a  far  wider  field,  those  industrial  cor- 
porations that  are  subject  to  Congress.  These  two  later  prop- 
ositions can  well  be  left  for  a  time  until  the  new  plan  has  had 
a  more  thorough  trial.  To  carry  the  degree  of  public  confidence 
necessary  to  guarantee  peace  in  the  railroad  world  the  boards 
must  establish  themselves  firmly  by  the  excellence  of  their 
work.  Development  has  proceeded  slowly  in  the  direction  of 
settlement  of  railroad  labor  disputes.  Yet  it  has  been  along 
sound  and  profitable  lines.  It  should  not  be  hurried.  By  it 
within  the  past  few  months  troubles  have  been  amicably  settled 
that  might  in  former  days  have  caused  an  industrial  struggle 
more  costly  than  any  that  the  past  has  experienced. 

New  Powers  of  Secretary  of  Labor.  —  While  progress  of  a 
very  positive  kind  has  been  made  in  government  mediation 
and  arbitration  in  railroad  disputes,  this  is  not  the  only  develop- 
ment. With  the  creation  of  the  separate  department  of  labor 
another  step  was  taken  that  opens  large  possibilities.  Among 
the  powers  conferred  upon  the  Secretary  of  Labor  was  one  that 
authorizes  him  "to  act  as  mediator  and  to  appoint  commis- 
sioners of  conciliation  (mediation)  in  labor  disputes  whenever 
in  his  judgment  the  interests  of  industrial  peace  may  require 
it  to  be  done."  This  is  clearly  a  recognition  of  the  value  of  the 
work  of  the  Anthracite  Coal  Strike  Commission  appointed 
extra-legally  by  President  Roosevelt.  It  gives  the  Secretary 
of  Labor  large  discretionary  power  which  may  be  used  as  an 
effective  agency  through  which  public  opinion  may  work. 

What  use  the  Secretary  of  Labor  would  make  of  this  power 
thus  conferred  upon  him  by  the  law  was  the  subject  of  much 
discussion  at  the  beginning.  His  first  statement  was  only  in 
the  most  general  terms.  "The  policy  to  which  I  shall  adhere," 
he  is  reported  to  have  said  in  a  public  address,  "during  my 
administration  will  be  to  do  all  I  can  to  bring  Tabor  and  capital 
together  in  mutual  conferences,  so  that  they  may  settle  their 
own  differences."  The  developments  since  the  organization 
of  the  department  do  not  indicate  that  the  first  secretary  in- 
tends to  allow  the  opportunity  to  pass  unnoticed.  "Commis- 
sioners of  conciliation"  (mediation)  have  been  appointed  and 
the  work  of  mediation  has  been  carried  on  in  a  variety  of  cases. 
During  the  year  ending  June  30,  1915,  the  good  offices  of  the 
department  had  been  extended  in  thirty-two  disputes  involving, 


234    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

directly  and  indirectly,  94,289  men.  Of  these  disputes  twenty- 
four  were  amicably  settled  and  five  were  reported  as  still  pend- 
ing at  the  close  of  the  year.  Since  that  date  the  work  has  been 
carried  on  in  the  same  manner  and  during  the  first  four  months 
of  the  next  year  about  thirty-five  cases  were  mediated,  twelve 
of  which  were  brought  to  a  successful  termination  and  eighteen 
were  still  pending.  These  records  show  that  it  is  the  intention 
of  the  department  to  develop  this  line  of  mediation  as  fully  as 
the  conditions  will  permit.  Though  the  actual  number  of  cases 
for  the  entire  period  is  not  great,  the  large  proportion  of  suc- 
cesses is  a  favorable  indication  of  further  possibilities. 

In  railroad  disputes  the  first  year  of  activity  of  the  board  of 
mediation  and  "conciliation"  shows  results  that  are  worth 
while.  Twenty-eight  cases  of  differences  were  taken  up  by  the 
board,  involving  a  total  of  125,000  employees.  In  most  of  these 
cases,  —  all  except  two,  in  fact,  —  strike  votes  had  been  passed 
before  the  services  of  the  board  were  requested.  Of  the  twenty- 
eight  cases  dealt  with,  twenty-one  were  adjusted  through  media- 
tion alone.  The  others  were  settled  in  part  by  mediation  and 
in  part  by  arbitration. 

Influence  of  Public  Opinion.  —  The  foregoing  descriptions 
make  it  evident  that  whenever  danger  arises  public  opinion 
is  keenly  alive  to  the  necessity  for  securing  some  means  by 
which  costly  strikes  may  be  averted.  The  serious  lessons  of 
the  past  serve  as  warning  not  to  rely  solely  on  individual  effort 
by  way  of  conciliation.  Personal  interests,  ambition  for  con- 
trol, recklessness  of  community  interests  have  often  been  power- 
ful enough  to  sweep  aside  all  efforts  at  conciliation.  Yet  the 
principle  of  conciliation  is  still  dear  to  the  popular  mind.  It 
means  no  interference  from  outside.  Cases  of  serious  strikes 
have  each  time  led  to  a  popular  demand  for  settlement  and 
cessation  of  hostilities.  Then  mediation  or  arbitration  seems 
more  reasonable.  State  boards  have  been  created  and  have 
in  many  cases  justified  their  existence.  When  the  public  hears 
the  reply  "nothing  to  arbitrate,"  it  loses  its  respect  for  those 
personal  rights  upon  which  such  a  reply  is  based  and  a  clear 
cry  is  heard  for  government  interference.  Just  how  this  is  to 
be  brought  about  does  not  readily  appear.  Individual  rights 
and  government  interference  in  industry  do  not  mix  well  in 
making  up  a  policy.    So  it  is  that  generally  speaking  the  public 


ARBITRATION  235 

is  hesitating  between  the  remnants  of  laissez  faire  on  the  one 
hand  with  its  application  in  conciliation,  and  compulsory  arbi- 
tration with  compulsory  award  on  the  other.  Each  serious 
outbreak  forces  it  further  along  toward  the  latter,  while  in 
times  of  peace  it  is  difficult  to  get  a  serious  hearing  in  its  favor. 
The  practical  middle  ground  is  occupied  by  a  variety  of  state 
boards  that  are  intended  to  deal  with  all  cases.  These  boards 
are  vested  with  a  variety  of  powers  extending  to  a  point  just 
short  of  compulsion  on  one  hand  and  on  the  other  tied  down  so 
closely  to  laissez  faire  as  to  be  of  no  service  at  all. 

Where  the  industry  partakes  of  the  character  of  a  public 
utility,  there  is  ground  for  more  positive  interference  and  the 
government  agencies  are  armed  with  more  authority.  The 
climax  of  government  activity  has  been  reached  in  case  of  the 
federal  government  and  train  operation  on  interstate  railroads. 
Here  there  exists  practically  compulsory  arbitration  as  a  last 
resort  so  long  as  the  boards  constituted  under  the  law  continue 
to  inspire  public  confidence.  This  they  have  at  present  in 
sufficient  degree  to  make  the  plan  effective.  The  nearest  open 
door  to  an  enlarged  field  of  federal  government  operation  is 
the  authority  now  given  by  law  to  the  Secretary  of  Labor. 
It  would  seem  that  there  is  sufficient  legislation,  or,  at  least, 
there  is  as  much  as  can  at  present  be  based  on  a  favorable 
public  opinion.  The  problem  of  the  present  is  to  adjust  means 
under  these  laws  whereby  no  hardship  may  be  imposed  upon 
either  workmen  or  employers,  and  the  public  may  rest  in  the 
confidence  that  a  fair  deal  is  assured  and  traffic  uninterrupted. 

PRIVATE  AGENCIES 

While  these  elaborate  methods  have  been  developed  as  a 
means  of  government  activity  in  arbitration  private  agencies 
have  also  been  at  work.  It  is  not  possible  to  enter  upon  a  de- 
tailed description  of  all  of  them  in  this  place.  They  are  far  too 
numerous.  Yet  many  of  them  are  worthy  of  careful  attention. 
Notable  among  them  is  the  National  Civic  League,  an  organ- 
ization composed  of  representatives  of  employers,  of  employees, 
and  of  "publicists"  as  representing  the  "third  party."  This 
organization  divides  its  work  into  numerous  branches  one  of 
which  is  mediation  and  arbitration.     Working  both  directly 


236    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  indirectly  this  League  has  been  a  potent  factor  for  industrial 
peace. 

The  New  York  Clothing  Industry.  —  Among  numerous  more 
or  less  permanent  associations  of  this  general  character  one  other 
stands  out  perhaps  most  prominently  of  all  and  cannot  be  passed 
without  notice.  It  is  the  outgrowth  of  the  series  of  strikes  in 
the  clothing  industry,  particularly  in  New  York  City.  In  the 
summer  of  19 10  the  unions  joined  in  a  strike  that  was  bitterly 
fought  on  both  sides,  lasting  for  two  months  and  involving  about 
60,000  men  and  women  workers.  The  events  of  the  struggle 
attracted  wide  attention  and  the  strikers  were  subjects  of  much 
popular  sympathy  because  of  the  prevailing  ideas  as  to  sweat 
shop  work  and  the  varied  nationalities  represented  among  the 
strikers.  Propositions  and  counter-propositions  were  made  in  an 
endeavor  to  reestablish  working  relations.  "Disinterested 
agencies"  were  instrumental  in  bringing  about  conferences,  but 
these  were  of  no  avail.  The  issues  were  finally  narrowed  down 
to  the  question  of  the  "open  shop"  or  the  "closed  shop"  and  on 
this  issue  there  appeared  to  be  no  compromise.  At  the  end  of 
the  two  months  of  bitter  struggle  the  noted  Protocol  was  signed 
and  peace  was  restored.  This  "treaty  of  peace"  was  an  agree- 
ment made  between  the  two  contending  organizations,  the  Cloak, 
Suit  and  Skirt  Manufacturers'  Protective  Association  of  New 
York  City  with  a  membership  of  123  manufacturing  firms 
(since  increased  in  number)  and  9  locals  of  the  International 
Ladies'  Garment  Workers  Union.  It  included  all  matters  in 
controversy,  minimum  wage  scale,  a  fifty-hour  working  week, 
and  three  other  features  that  have  made  the  Protocol  so  justly 
noted.  These  are  (1)  the  joint  board  of  sanitary  control;  (2) 
the  preferential  union  shop;  and  (3)  the  plan  for  adjusting  dis- 
putes in  the  future.  The  first  and  second  of  these  are  dealt 
with  in  some  detail  elsewhere  on  these  pages.  It  is  the  plan  for 
settling  differences  that  is  of  special  importance  here.  It  com- 
prehended a  Board  of  Grievances  and  a  Board  of  Arbitration 
with  equal  representation  in  each  case  for  both  manufacturers 
and  employees.  Both  sides  bound  themselves  to  accept  the 
awards  of  these  boards. 

The  Board  of  Grievances  was  composed  at  first  of  four  mem- 
bers, later  increased  to  ten,  an  equal  number  from  each  party. 
In  cases  of  deadlock  the  dispute  was  to  be  referred  to  a  Board  of 


ARBITRATION  237 

Arbitration,  consisting  of  three  members,  one  representing  each 
party  and  one  the  public,  the  latter  chosen  by  the  other  two 
and  in  case  of  their  failure  to  agree,  by  the  governor  of  the 
state. 

The  way  of  these  boards  has  been  difficult  indeed.  Employers 
of  varying  ability  and  experience  pushed  by  the  keenest  kind 
of  competition  could  not  always  agree  upon  what  many  of  them 
would  doubtless  have  liked  to  do.  Employees,  representing  a 
variety  of  nationalities,  difficult  to  organize  and  to  train  to 
stand  together  and  new  to  American  life,  were  not  easily  amen- 
able to  the  hardships  that  their  new  life  involved.  A  group 
of  determined  and  able  leaders  was  bound  to  maintain  organiza- 
tion at  all  hazards  seeking  to  amalgamate  the  10,000  more  or  less 
of  immigrants  that  annually  come  into  the  industry.  A  consum- 
ing public  anxious  for  cheap  prices  eagerly  sought  bargains  to 
offset  a  steadily  rising  cost  of  living. 

The  board  faced  these  trying  conditions  and  at  the  same  time 
found  it  necessary  to  work  out  a  plan  of  procedure  and  a  set  of 
rules  that  would  be  suitable  to  the  situation.  This  was  finally 
done  after  some  further  conferences.  The  procedure  was  es- 
tablished as  follows:  Any  individual  having  cause  for  dissatis- 
faction might  appeal  to  the  Board  of  Grievances.  A  Clerk  of 
this  Board  first  took  up  the  matter,  and  adjusted  it,  if  possible, 
in  accordance  with  established  procedure.  If  this  failed  the 
matter  was  considered  by  the  Board  of  Grievances.  In  case 
there  was  a  tie  vote  or  no  decision  reached,  the  matter  went  to 
the  Board  of  Arbitration  and  its  decision  was  final  as  both  par- 
ties to  the  Protocol  were  bound  by  it.  The  success  of  this  plan 
can  best  be  indicated  by  the  figures  brought  to  light  in  a  recent 
investigation  of  its  working.  From  April  15,  19 n,  to  Oct.  31, 
1913,  a  total  of  7,656  complaints  were  filled.  ,  Of  these  7,477 
(97.7%)  were  adjusted  by  the  clerks.  The  179  that  were  passed 
on  were  considered  by  the  Board  of  Grievances.  Of  this  number 
159  were  settled,  leaving  20  cases  to  go  to  the  Board  of  Arbi- 
tration. These  20  cases  did  not  involve  that  many  separate 
issues.  There  were  but  9  different  cases  or  issues  passed  on  to 
the  Board  of  Arbitration  in  the  two  and  one-half  years. 

The  abandonment  of  the  Protocol  by  the  parties  concerned  in 
the  summer  of  19 15  brought  an  end  to  this  particular  method 
of  settling  their  differences.    In  August  a  new  agreement  was 


238    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

signed  in  the  industry  and  peace  again  restored.  This  new  plan 
provided  a  somewhat  different  form  of  organization  for  con- 
ciliation and  mediation  as  well  as  for  arbitration.  A  more  de- 
tailed description  of  this  new  contract  appears  in  the  chapter  on 
The  Closed  Shop. 


CHAPTER  XIV 
THE  BOYCOTT 

The  practice  of  refusing  relations  with  those  whose  policies 
are  not  agreeable  is  certainly  no  new  thing  under  the  sun.  Ap- 
plied to  business  there  evolves  nothing  essentially  new.  Busi- 
ness relations,  buying  and  selling,  are  voluntary  acts.  When  one 
decides  not  to  buy  of  another,  it  is  not  usual  to  demand  a  reason. 
As  the  relations  of  employer  and  employee  become  strained, 
human  nature  does  not  change  any.  The  employer  wishes  both 
to  secure  the  services  of  employees  and  to  sell  them  his  products. 
The  employee,  on  the  other  hand,  wishes  an  opportunity  to 
work  and  to  buy  products  of  labor.  Exchange  markets  have 
developed,  both  of  labor  and  of  products,  but  they  are  pre- 
sumably voluntary,  and  so  are  subject  to  choices,  whatever  may 
prompt  them. 

The  idea  expressing  all  the  variety  of  practices  under  these 
circumstances  existed  before  it  had  a  name.  When  Captain 
Boycott  was  sent  by  the  irate  Lord  Erne  into  Connemara  to 
take  charge  of  the  tenants  who  were  demanding  concessions 
that  Lord  Erne  refused  to  make,  he  was  met  with  such  opposi- 
tion that  finally  the  Captain  and  his  family  were  completely 
cut  off  from  all  association  with  the  people  of  the  district.  For 
want  of  a  word  to  use  as  a  name  for  such  a  situation,  "Boycott" 
came  into  use.  This  was  in  1880.  Few  words  in  our  language 
have  had  such  a  remarkable  growth  as  this  one.  In  a  quarter 
century  it  has  spread  wherever  labor  troubles  arise  and  its 
meaning  is  familiar  to  all  English-speaking  people. 

For  Americans  the  invention  of  the  term  was  timely.  The 
period  immediately  following  its  first  use  was  that  in  which 
union  leaders  were  making  frequent  use  of  this  method  of 
coercion.  Not  at  all  unlikely  the  suggestion  of  the  new  name 
had  some  effect  on  popularizing  the  boycotting  methods  that  had 
such  a  general  use  during  that  same  period.    While  originating 

239 


240    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

from  a  struggle  between  tenant  and  overseer  on  an  estate  in 
Ireland,  it  now  stands  for  a  much  wider  variety  of  contest. 

Definition  and  Classification.  —  In  spite  of  its  wide  popular- 
ity and  general  use  as  a  term,  it  is  not  an  easy  term  to  define  ac- 
curately. The  standard  English  dictionaries  give  the  usual 
general  definition.  In  one  of  these  it  is  defined  as  follows: 
"  To  combine  (a)  in  refusing  to  work  for,  buy  from,  sell  to, 
give  assistance  to,  or  have  any  kind  of  dealings  with,  and  (b) 
in  preventing  others  from  working  for,  buying  from,  selling  to, 
assisting,  or  having  any  kind  of  dealings  with  (a  person  or 
company),  on  account  of  political  or  other  differences,  or  of 
disagreements  in  business  matters,  as  a  means  of  inflicting 
punishment,  or  of  coercing  or  intimidating." 

When  a  reader  turns  aside  from  the  general  consideration  to 
a  discussion  of  the  particular  field  of  labor  activity,  the  efforts 
to  define  become  more  elaborate.  In  Adams  and  Sumner's 
Labor  Problems  is  found  a  somewhat  more  specific  definition. 
"The  boycott,  as  used  in  modern  labor  disputes,  may  be  de- 
fined as  a  combination  to  suspend  dealings  with  another  party, 
and  to  persuade  or  coerce  others  to  suspend  dealings,  in  order 
to  force  this  party  to  comply  with  some  demand,  or  to  punish 
him  for  non-compliance  in  the  past."  On  the  basis  of  the  va- 
rious methods  adopted  a  classification  of  boycotts  is  then  made. 
There  is  the  primary  boycott,  in  which  there  is  no  attempt  to 
coerce  third  persons  to  suspend  business  relations;  the  com- 
pound boycott,  where  efforts  are  made  to  coerce  third  parties. 
The  latter  is  what  the  work  referred  to  calls  the  "ordinary 
form"  of  boycott.  Then  there  is  the  fair  list  or  union  label 
and  the  unfair  list. 

For  another  classification  one  may  turn  to  Laidler's  Boycotts. 
Here  the  definition  is  introduced  in  the  following  words:  "A 
boycott  in  labor  disputes  may  be  defined  as  a  combination 
of  workmen  to  cease  all  dealings  with  another,  an  employer, 
or,  at  times,  a  fellow  worker,  and  usually  also  to  induce  or 
coerce  third  parties  to  cease  such  dealings,  the  purpose  being 
to  persuade  or  force  such  others  to  comply  with  some  demand 
or  to  punish  him  for  non-compliance  in  the  past."  Then  follows 
the  classification  that  this  authority  adopts.  First  there  is 
the  negative  boycott  and  the  positive  boycott.  To  the  former 
belong  the  union  label  and  the  fair  list.    To  the  latter,  the  un- 


THE  BOYCOTT  241 

fair  or  we-don't-patronize  list  and  the  boycott  proper.  Then 
the  boycott  proper,  itself  a  subdivision  of  the  boycott,  is  sub- 
divided into  four  kinds.  First,  the  primary  boycott;  "a  simple 
combination  of  persons  to  suspend  dealings  .  .  .  involving  no 
attempt  to  persuade  or  coerce  third  parties."  Second,  the 
secondary  boycott;  "a  combination  of  workmen  to  induce  or 
persuade  third  parties  to  cease  business  relations  with  those 
against  whom  there  is  a  grievance."  Third,  the  compound 
boycott;  this  "appears  when  workmen  use  coercive  and  intimi- 
dating measures  as  distinguished  from  mere  persuasive  measures 
in  preventing  third  parties  from  dealing  with  the  boycotted 
firm."  This  compound  boycott  is  of  two  varieties,  (1)  involving 
threats  of  pecuniary  injury  and  (2)  involving  threats  of  actual 
physical  fo~ce  and  violence.  Fourth,  the  tertiary  boycott; 
"frequently  applied  to  the  most  indirect  forms."  To  emphasize 
the  distinction  between  the  secondary  and  the  compound  forms 
it  is  said  "persuasion  only  is  used  in  the  secondary  boycotts, 
while  the  compound  boycott  is  accompanied  by  threats  or 
coercion,  the  threats,  at  times,  however,  being  mere  threats 
to  boycott." 

In  a  pamphlet  of  the  Wisconsin  Free  Library,  prepared  by 
G.  G.  Huebner,  the  boycott  is  again  classified.  There  is  the 
compound  boycott,  involving  third  parties;  the  primary  boy- 
cott, involving  only  the  persons  directly  interested  in  the  dispute; 
the  unfair  list,  not  always  regarded  as  a  boycott;  the  fair  list, 
the  opposite  of  the  unfair  list,  and  legally  not  included  under 
boycotting;  and  the  union  label,  legally  not  included  in  the 
boycott  and  nowhere  in  the  United  States  illegal. 

Legal  Definition.  —  Though  several  definitions  have  been 
offered,  they  do  not  seem  to  be  sufficient.  When  one  enters 
the  legal  realm,  one  might  expect  to  find  the  matter  cleared  up. 
But  not  so.  "The  most  casual  observation,"  wrote  Judge 
Halloway  of  Montana  in  1908,  "will  disclose  that  scarcely  any 
two  courts  treating  of  the  subject  formulate  the  same  definition." 
"The  word  is  not  easily  defined,"  said  Judge  Carpenter  of 
Connecticut.  Chief  Justice  Grant  of  Michigan  declared  on 
the  other  hand  that  he  did  not  believe  that  the  word  had  not 
an  authoritative  meaning.  The  term  has  been  defined,  he 
insists,  by  both  lexicographers  and  courts.  Judge  Halloway, 
after  stating  three  definitions,  in  an  opinion  adds:  "We  prefer 


242    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

a  broader  definition,  and  one  we  deem  more  consonant  with 
present-day  conditions."  This  one  he  states  in  the  following 
words:  "I  think  that  the  verb  'to  boycott'  does  not  necessarily 
signify  that  the  doers  employ  violence,  intimidation,  or  other  un- 
lawful coercive  means;  but  that  it  may  be  correctly  used  in  the 
sense  of  the  act  of  a  combination,  in  refusing  to  have  business 
dealings  with  another  until  he  removes  or  ameliorates  conditions 
which  are  deemed  inimical  to  the  welfare  of  the  members  of  the 
combination,  or  some  of  them,  or  grants  concessions  which  are 
deemed  to  make  for  that  purpose." 

The  law  dictionaries  give  different  definitions,  taken  from 
various  court  opinions.  Black's  Law  Dictionary  and  The  Amer- 
ican and  English  Encyclopedia  of  Law  characterize  the  boycott 
as  a  "conspiracy  formed  and  intended  directly  or  indirectly 
to  prevent  the  carrying  on  of  any  lawful  business,  or  to  injure 
the  business  of  any  one  by  wrongfully  preventing  those  who 
would  be  customers  from  buying  any  thing  from  or  employing 
the  representatives  of  said  business,  by  threats,  intimidation, 
or  other  forcible  means."  In  the  words  used  in  Anderson's 
Law  Dictionary,  "The  purpose  is  to  constrain  acquiescence 
or  to  force  submission  on  the  part  of  the  individual  who,  by 
non-compliance  with  the  demand,  has  rendered  himself  obnox- 
ious to  the  immediate  parties,  and  perhaps  to  their  personal 
and  fraternal  associates." 

The  statement  that  seems  to  carry  the  greatest  weight  of 
authority  in  law  is  that  made  by  Judge  Taft  from  the  Bench 
of  the  United  States  Circuit  Court  in  connection  with  the  efforts 
of  railway  employees  to  boycott  other  railroads.  "As  usually 
understood,"  says  Judge  Taft,  "a  boycott  is  a  combination 
of  many  to  cause  a  loss  to  one  person  by  coercing  others,  against 
their  will,  to  withdraw  from  him  their  beneficial  business  in- 
tercourse, through  threats  that,  unless  those  others  do  so,  the 
many  will  cause  similar  loss  to  them.  Ordinarily,  when  such  a 
combination  of  persons  does  not  use  violence,  actual  or  threat- 
ened, to  accomplish  their  purpose,  it  is  difficult  to  point  out  with 
clearness  the  illegal  means  or  end  which  makes  the  combination 
an  unlawful  conspiracy;  for  it  is  generally  lawful  for  the  com- 
biners to  withdraw  their  intercourse  and  its  benefits  from  any 
person,  and  to  announce  their  intention  of  doing  so,  and  it  is 
equally  lawful  for  the  others,  of  their  own  motion,  to  do  that 


THE  BOYCOTT  243 

which  the  combiners  seek  to  compel  them  to  do.  Such  combina- 
tions are  said  to  be  unlawful  conspiracies,  though  the  acts  in 
themselves  and  considered  singly  are  innocent,  when  the  acts 
are  done  with  malice,  i.  e.,  with  the  intention  to  injure  another 
without  lawful  excuse."  (Toledo  &c.  Ry.  Co.  vs.  Penn.  Co.,  54 
Fed.  730.) 

This  definition  forms  the  basis  for  the  distinction  so  generally 
held  in  legal  circles  between  the  lawful  purpose  of  self-help  and 
the  unlawful  purpose  of  willful  injury  or  malice.  The  essential 
legal  element  of  the  boycott  is  that  it  is  malicious.  This  view  is 
summed  up  by  Stimson  who  concludes  in  his  Handbook  that  the 
boycott  belongs  to  the  class  of  unlawful  conspiracies  "wherein 
the  intent  becomes  of  importance.  .  .  .  The  prime  question 
in  the  law  of  boycott  is  that  of  intent,"  and  boycott  means 
"exclusively   an   unlawful   conspiracy." 

An  analysis  of  these  definitions  indicates  that  the  word  should 
have  a  more  definite  meaning.  Even  this  will  not  solve  all  the 
difficulties  connected  with  it  but  it  will  assist  in  no  small  degree. 

Boycott  and  Strike.  —  The  two  terms  boycott  and  strike 
should  be  more  clearly  separated.  The  need  for  this  appears  in 
the  necessity  for  some  degree  of  scientific  accuracy,  and  further 
in  the  fact  that  in  law  strikes  are  generally  lawful  and  boycotts 
are  unlawful.  To  call  an  act  a  strike  or  to  call  it  a  boycott 
creates  in  the  very  term  a  presumption  as  to  its  lawfulness. 

Strikes  deal  with  labor  relations,  the  withholding  of  labor 
and  the  inducement  of  others  to  withhold  their  labor.  The 
latter  is  called  the  sympathetic  strike.  There  is  no  good  reason 
for  calling  it  a  boycott.  Boycotts  deal  primarily  with  that 
other  relation  of  business,  the  buying  and  selling  of  goods. 
Yet  all  efforts  to  influence  such  relations  should  not  come  within 
the  meaning  of  the  term.  A  "negative  boycott"  seems  an  un- 
necessary refinement.  The  "union  label,"  the  "fair  list"  are 
in  the  class  with  trade-marks  and  brands,  with  advertising 
and  the  guarantee  of  advertised  goods,  with  the  arts  of  salesman- 
ship in  their  numerous  refinements.  They  are  intended  to 
promote  the  sales  of  goods,  not  to  prevent  them.  It  would  be 
considered  highly  unsatisfactory  to  say  that  a  traveling  salesman 
who  was  urging  the  reliability  of  the  trade-mark  of  his  house 
was  boycotting  the  line  of  goods  of  a  rival.  To  class  under 
"positive  boycott"  the  "unfair  list,"  the  "we-don't-patronize 


244    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

list"  and  the  "boycott  proper"  is  not  a  logical  subdivision, 
for  the  first  and  second  are  but  methods  used  in  connection 
with  the  boycott  proper.  This  separates  from  the  term  some 
of  the  extraneous  material.  The  "boycott  proper"  is  the  boy- 
cott. Its  further  subdivision  into  primary,  secondary,  com- 
pound and  tertiary  boycotts  is  carrying  it  too  far  to  serve  practi- 
cal purpose.  It  may  profitably  be  divided  into  two  kinds. 
Beyond  this  the  lines  of  division  are  too  much  a  matter  of  opin- 
ion to  be  of  real  value.  These  two  kinds  may  be  called  the 
simple  boycott  and  the  compound  boycott.  The  latter  might 
be  called  the  sympathetic  boycott,  making  the  terminology 
consistent  with  that  used  in  case  of  the  strike,  where  these  are 
spoken  of  as  a  simple  strike  and  a  sympathetic  strike.  The 
term  simple  boycott  applies  to  efforts  to  prevent  sales  of  goods 
to  laborers  and  their  immediate  sympathizers.  The  latter, 
the  compound  boycott,  should  be  used  only  in  connection  with 
the  more  widely  organized  efforts,  such  as  to  prevent  sellers  of  raw 
materials  from  selling  to,  and  jobbers  and  traders  from  buying 
from,  the  boycotted.  The  line  of  division  here  is  made  between 
the  direct  and  the  indirect,  between  such  influence  as  the  boy- 
cotters  can  exert  directly,  and  such  as  they  can  bring  to  bear 
indirectly  through  others  not  of  their  own  class.  This  distinc- 
tion offers  objections  that  are  real.  The  line  of  division  is  not 
so  clear  as  scientific  accuracy  would  demand.  It  is  practical, 
however.  It  follows  the  distinction  between  the  strike  and 
the  sympathetic  strike.  This  differentiation  is  sufficient  for 
practical  purposes.  There  appears  no  need  for  primary,  sec- 
ondary, compound  and  tertiary  strikes,  though  there  is  a  variety 
both  of  kinds  and  of  reasons  that  would  make  such  distinctions 
possible.  To  make  a  distinction  of  definition  that  hinges  upon 
the  difference  between  "induce  or  persuade"  and  "coerce  or 
intimidate"  is  to  use  as  a  basis  of  distinction  a  difference  that 
is  constantly  shifting  and  always  vague. 

In  the  legal  form  of  definition  a  serious  objection  is  found 
in  framing  the  statement  so  as  to  imply  unlawfulness  in  the 
word.  To  do  this  is  very  unfortunate.  "To  refuse  to  have 
business  relations  with  another  until  he  removes  or  ameliorates 
conditions  which  are  deemed  inimical"  seems  a  very  innocent 
act.  If  it  is  to  be  called  a  boycott,  as  some  judges  would  allow, 
in  an  indictment,  then  it  begs  the  question,  for  as  has  been 


THE  BOYCOTT  245 

seen  in  the  definitions  that  have  been  quoted,  the  word  conspir- 
acy is  used  in  defining  the  term,  as  in  the  expression,  "  exclu- 
sively an  unlawful  conspiracy." 

As  in  the  strike  a  distinction  is  admitted  between  the  act 
of  striking  and  other  acts  that  may  or  may  not  be  done  in  con- 
nection with  the  strike,  so  the  boycott  should  be  separated 
from  some  of  the  acts  that  are  done  in  connection  with  it.  In 
its  essence  an  industrial  labor  boycott  is  a  form  of  collective 
bargaining  that  aims  to  improve  the  conditions  of  labor  by  secur- 
ing concessions  from  employers  through  the  means  of  stopping 
the  sales  of  their  products.  In  its  simplest  form  it  consists 
in  the  laborers  themselves  refusing  to  purchase  and  in  inducing 
those  who  are  actively  in  sympathy  with  them  to  do  the  same. 
In  its  more  complex  form  it  takes  on  a  specific  organization  to 
accomplish  the  result  by  bringing  pressure  to  bear  upon  other 
employers  to  induce  them  to  withhold  business  relations  until 
the  issues  in  dispute  are  settled.  A  great  variety  of  methods 
has  been  adopted  to  make  the  boycott  effective.  Some  of 
these  are  unquestionably  lawless.  Force  and  violence  that 
are  unlawful  in  themselves  are  necessarily  so  when  used  in  con- 
nection with  boycotting.  In  connection  with  many  of  the 
methods  used  there  is  wide  difference  of  opinion  as  to  their 
lawfulness.  Courts  have  generally  regarded  these  methods  as 
inseparably  a  part  of  the  boycott  itself  and  accordingly  held 
the  opinion  that  boycotts  are  in  and  of  themselves  unlawful. 

Labor  Boycotts  and  Other  Boycotts.  —  It  is  difficult  to  see 
clearly  the  difference  between  boycotts  that  are  organized  by 
labor  unions  and  those  that  are  carried  on  by  other  groups  for 
essentially  the  same  purpose.  A  widespread  movement  was  organ- 
ized against  the  high  price  of  meat  by  which  through  open  agita- 
tion consumers  were  exhorted  to  cease  buying  meat  from  those 
who  charged  a  price  that  the  leaders  thought  was  too  high.  Either 
the  dealer  must  reduce  the  retail  price  regardless  of  what  he 
paid  for  it  or  see  his  business  ruined.  What  was  the  motive? 
In  a  city  campaign  in  the  interest  of  wholesome  conditions  in 
bakeries,  the  shops  were  inspected  by  a  group  of  women.  If 
the  conditions  were  found  satisfactory,  the  name  was  printed 
on  a  list.  If  unsatisfactory,  the  name  was  not  printed.  Con- 
sumers were  then  urged  to  patronize  only  the  listed  places. 
This  committee  of  inspection  was  a  voluntary  association.    It 


246    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

forced  the  bakers  to  do  as  they  wished  them  to,  or  suffer  heavy 
losses  in  their  business.  The  method  was  arbitrary.  What  was 
the  motive? 

A  group  of  men  may  strike  to  secure  better  conditions  of 
labor.  Their  motive  is  laudatory.  If  for  the  same  purpose 
they  withhold  their  trade  through  the  same  organization  that 
might  have  called  a  strike,  the  motive  is  malice.  It  is  not  alone 
the  acts  that  they  do  in  seeking  to  make  the  boycott  successful 
that  are  unlawful.  It  is  the  act  of  ceasing  to  trade  through 
agreement  or  in  response  to  an  order  of  an  officer  who  is  vested 
with  the  authority  to  issue  it. 

Condemnation  of  Boycotts.  —  That  much  general  discussion 
is  yet  necessary  before  there  can  be  formulated  anything  ap- 
proaching a  "public"  opinion  on  this  subject  is  obvious  to 
anyone  who  attempts  to  follow  both  sides  of  the  controversy. 
Those  who  condemn  the  boycott  do  so  in  no  uncertain  terms. 
A  literature  of  considerable  size  and  characterized  by  much 
extravagance  of  expression  has  already  appeared,  for  the  most 
part  in  pamphlet  form.  The  vigorous  efforts  of  the  American 
Anti-Boycott  Association  represent  this  style  of  discussion. 
This  is  an  organization  the  membership  of  which  at  the  start 
was  secret  and  whose  pamphlets  first  appeared  without  the 
imprint  of  the  publishers.  Later  the  secrecy  has  been  dropped. 
In  the  first  part  of  March,  19 15,  an  annual  meeting  of  the  as- 
sociation was  held  in  New  York  City  with  a  banquet  at  the 
Waldorf-Astoria.  An  elaborate  gift  was  presented  to  the  lead- 
ing attorney  with  much  speech-making.  There  were  also  mutual 
congratulations  on  the  Association's  having  attained  to  its 
thirteenth  year  of  life  and  having  expanded  from  an  initial 
membership  of  one  hundred  to  a  present  roll  of  nearly  one 
thousand  members.  It  is  in  the  literature  of  this  organization 
that  we  read  that  the  boycott  is  "a  gigantic  engine  of  tyranny," 
by  the  use  of  which  is  established  "literally  a  reign  of  terror;" 
"the  result  of  an  elaborate  and  premeditated  scheme  to  bring 
to  disaster  and  ruin  all  non-union  manufacturers  and  employees 
and  to  deprive  them  of  their  inalienable  right  to  the  unimpeded 
pursuit  of  a  livelihood."  The  direct  motive  of  boycotters  is  "  the 
injury  and  the  ruin  of  the  manufacturer.  To  be  sure  their  ulti- 
mate object  is  the  amelioration  of  their  own  condition,  but  that 
is  too  remote  to  permit  the  boycott  to  be  termed  by  any  such 


THE  BOYCOTT  247 

euphemistic  name  as  competition."  It  is  a  "monstrous  con- 
spiracy to  put  up  prices,  to  stem  all  the  forces  of  economic  laws, 
and  rise  upon  the  ruins  of  their  victims; "  an  "appalling  tyranny 
and  outrage  practiced  on  free  and  independent  citizens;"  a 
"glaringly  unjust  conspiracy  by  which  a  part  of  that  fair  return 
of  wages  which  economic  laws  have  given  to  all  labor  is  taken 
from  him  and  appropriated  to  fatten  the  pocketbook  of  the 
union  man." 

Such  form  of  expression  can  hardly  be  characterized  as  judi- 
cial or  temperate.  A  work  intended  to  be  a  serious  discussion 
of  the  law  of  boycotts  uses  such  language  as  the  following: 
"Men  who  will  wantonly  conspire  to  boycott  inanimate  ob- 
jects, simply  because  men  of  their  own  trade  and  calling  who 
did  not  belong  to  their  association  built  them,  are  monsters 
who  place  themselves  outside  the  pale  of  the  law  and  should 
be  exterminated  from  the  face  of  the  earth.  They  place  them- 
selves on  a  level  of  the  anarchist,  whose  religion  and  creed  is 
the  destruction  of  all  existing  systems  of  property,  society, 
government  and  religion."  The  sentences  that  follow  this 
quotation  grow  more  rather  than  less  extreme. 

Again  we  find  the  boycott  described  by  the  Brooklyn  Eagle 
as  a  "dragon,  slimy  and  repulsive,  which  had,  for  more  than 
a  quarter  of  a  century,  been  a  vague  terror  to  independent 
workers  and  to  large  employers,  at  all  times,  materializing  now 
and  then  as  a  concrete  foe,  insidious,  treacherous,  often  triumph- 
ant." A  grand  jury  described  a  boycott  in  a  case  before  them 
as  a  "hydra-headed  monster,  dragging  its  loathsome  length 
across  the  continent,  sucking  the  very  life  blood  from  our  trade 
and  commerce,  equally  harmful  to  employees  and  employers." 
Records  of  the  American  Bar  Association  contain  the  state- 
ment: "As  frequently  applied  it  is  one  of  the  most  heartless 
and  brutal  manifestations  of  private  revenge  recorded  in  his- 
tory and  is  calculated  to  call  forth  the  abhorrence  and  just 
reprehension  of  all  men  who  respect  law  and  love  liberty." 
A  Virginia  judge  declared  from  the  bench  that  the  acts  are 
"incompatible  with  the  prosperity,  peace  and  civilization  of 
the  country,  and  if  they  can  be  perpetuated  with  impunity 
by  a  combination  of  irresponsible  cabals  and  cliques,  there 
will  be  an  end  of  government  and  of  society  itself."  Still  other 
statements  of  this  character  may  be  found  in  Laidler's  Boycotts. 


248    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Very  much  more  dignified  and  satisfactory  is  a  statement 
found  in  an  address  by  President  Emeritus  Eliot  of  Harvard: 
"The  boycott  is  a  method  of  combat  which  is  eminently  a 
method  of  ill-will,  being  an  attempt  to  ruin  the  business  of  a 
person  or  corporation  that  will  not  conform  to  the  regulations 
of  the  unions  in  the  manufacture  or  distribution  of  its  product. 
It  is  a  gross  interference  with  a  just  industrial  liberty,  and  it  is 
often  extremely  cruel  in  purpose  if  not  in  achievement.  So 
far  as  it  goes,  it  makes  good  will  between  the  employing  class 
and  the  laboring  class  impossible.  It  is  a  combative  method 
and  nothing  else.  Although  seldom  an  effective  weapon,  ex- 
cept in  places  where  the  unions  control  a  clear  majority  of  the 
population,  it  is  a  weapon  much  dreaded  not  only  by  manu- 
facturers but  by  merchants  and  other  distributors  of  goods." 

Approval  of  Boycotts.  —  Contrasted  with  this  method  of 
expression  is  that  of  those  who  insist  upon  their  right  to  use  the 
boycott  when  they  wish.  Naturally  it  is  the  union  laborer  who 
insists  upon  this  right.  That  many  irrational  statements  may 
be  found  emanating  from  this  side  of  the  controversy  is  to  be 
taken  for  granted.  It  is  useless  to  repeat  them.  It  is  sufficient 
to  say  that  they  come  from  the  more  radical,  the  less  well  in- 
formed and  really  the  less  influential  sources.  This  cannot  be 
said  of  the  statements  urged  on  the  other  side.  Of  numerous 
statements  that  might  be  used  by  way  of  illustration  one  may 
be  selected  that  is  quite  typical.  It  appeared  in  connection 
with  the  discussion  of  the  Buck  Stove  and  Range  Boycott  and 
was  printed  in  several  of  the  labor  papers  during  the  year  1909. 

"Neither  the  defendants  in  this  case  or  other  union  men 
destroyed  a  Buck's  stove  or  the  factory  where  they  are  manu- 
factured. They  probably  injured  the  sale  of  the  stoves,  but  we 
deny  that  this  is  a  property  right.  And  that  is  where  our  pro- 
test against  the  ruling  of  the  court  comes  in.  If  we  assume 
that  a  boycott  to  injure  the  sale  of  a  product  injures  a  property 
right,  then  we  assume  that  the  manufacturer  has  a  property 
right  in  the  customer;  and  no  man  has  a  property  right  in  a 
customer  or  in  the  laborer  who  works  for  him.  The  sooner  we 
make  this  clear  the  sooner  shall  we  get  the  relief  we  are  asking 
for." 

Commenting  on  this  statement,  the  editor  of  one  of  these 
papers  says  the  distinction  "is  absolutely  true.     To  destroy 


THE  BOYCOTT  249 

physical  property,  or  to  dissipate  intangible  property  secured 
as  such  by  the  law,  is  a  radically  different  thing  from  turning 
customers  away  from  a  seller  of  goods.  The  seller  neither  has 
nor  can  have  a  legal  property  right  in  his  customers.  To  erect 
such  a  right  upon  the  foundation  of  property  rights  in  the  good 
will  of  the  business,  is  either  to  beg  the  question  or  to  abuse 
the  good-will  principle.  No  one  can  have  a  property  right  in 
the  good  will  of  his  customers  which  the  customers  are  bound 
to  respect.  They  may  quit  patronizing  him  at  any  time  and 
from  any  motive.  If  they  do  so  from  fear  of  personal  injury, 
it  is  they  and  not  the  seller  whose  rights  are  assailed.  If  they 
quit  not  from  fear  of  the  boycotter  but  from  information  which 
he  supplies,  then  the  boycotter's  offence  depends  upon  whether 
his  information  was  true  and  legitimate;  and  on  these  issues  a 
jury  and  not  an  injunction  judge  must  decide.  As  to  the  legiti- 
macy of  the  information  upon  which  the  customer  acts,  any- 
thing that  would  affect  a  free  man's  decision  in  buying  goods  is 
legitimate  information  about  those  goods  —  provided  only 
that  it  is  true.  If  the  merits  of  the  Buck  stove,  for  instance, 
were  fraudulently  extolled  by  the  maker,  the  publication  of 
that  fact  ought  to  be  and  would  be  lawful.  The  Buck  stove 
customers  have  a  right  to  know  the  truth  about  this  important 
element  in  determining  their  action  as  buyers.  But  customers 
are  influenced  by  other  considerations  than  the  inherent  merits 
of  the  commodity  they  buy.  Good  men  and  women  would  not 
like  to  buy  a  commodity  streaked  with  the  blood  of  factory- 
foundered  children.  It  is  therefore  no  wrong  to  let  them  know 
the  fact,  if  it  be  a  fact,  and  to  appeal  to  them  in  the  name  of 
humanity  not  to  buy.  They  might  not  like  to  buy  commodities 
produced  by  underpaid  and  overworked  labor.  It  is  therefore 
no  wrong  to  let  them  know  this  fact,  in  cases  in  which  it  is  the 
fact,  and  to  appeal  to  them  not  to  buy.  And  so  of  those  who 
prefer  'union-made'  goods  to  'scab-made'  goods;  the  manu- 
facturer has  no  property  right  in  secrecy  as  to  that  fact.  Un- 
less persons  who  abhor  the  death-dealing  child  labor  of  our 
factories;  those  who  shudder  at  the  oppressive  conditions  which 
employers'  unions,  taking  advantage  of  unfair  social  institutions, 
are  forcing  upon  working  people;  those  who  believe  in  encourag- 
ing labor  organizations  —  unless  these  may  unite  to  divert 
their  custom  from  the  establishments  that  turn  human  blood 


250    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

into  dividends,  both  their  personal  freedom  and  their  property 
rights  are  destroyed.  For  it  is  everybody's  personal  right  and 
his  property  right  to  trade  with  whom  he  pleases." 

Contrast  of  Opposing  Views.  —  Contrasting  the  two  views 
more  pointedly,  it  appears  that  the  opponents  of  the  boycott 
more  generally  rely  upon  implications  inferred  from  the  terms 
used  in  stating  their  propositions.  The  expressions  already  re- 
ferred to  furnish  evidence  of  this.  They  also  rely  upon  prec- 
edents of  courts  and  dicta  of  judges  as  finally  settling  the  ques- 
tion. Opposed  to  these  statements  the  advocates  use  the  familiar 
expressions  of  individual  rights,  liberty  to  do  what  one  wills 
with  his  own,  and  other  well-known  phrases  that  are  very  gen- 
eral, if  not  abstract.  More  particularly  they  insist  that  new  and 
complex  phases  of  industry  make  necessary  new  and  different 
interpretations  and  applications  of  rules  formerly  held  to  be 
satisfactory. 

Against  edicts  of  courts  that  boycotts  are  unlawful,  being 
violative  of  constitutional  rights  in  protection  of  life,  liberty  and 
property,  are  opposed  the  constitutional  statements  of  rights 
accorded  to  all  citizens  of  life,  liberty  and  property,  rights  that 
cover  and  protect  the  boycott.  Against  precedent  based  upon 
past  pronouncements  of  courts  are  placed  new  conditions  that 
should  not  justly  be  brought  within  the  scope  of  these  precedents. 
One  side  says  that  any  person  may  work  "when  he  will,  where 
he  will,  for  whom  he  will  and  at  what  wages  he  will,"  and  when 
an  organization  is  formed  for  the  purpose  of  preventing  any  man 
from  exercising  these  rights,  that  organization  "violates  the 
essential  rights  of  labor."  The  other  side  replies  that  if  anyone 
may  work  when,  where,  for  whom  and  at  what  wages  he  will, 
certainly  he  may  work  with  whom  he  will.  It  follows  that  he 
may  refuse  to  do  any  of  these  things  if  he  so  wills.  Further,  if 
any  organization  to  prevent  the  doing  as  one  may  will  violates 
any  essential  right,  it  must  be  that  an  organization  that  protects 
laborers  in  the  right  to  do  as  they  will  must  be  an  important 
protection  of  an  essential  right.  And,  finally,  if  an  organization 
to  protect  a  right  on  the  part  of  some  violates  that  right  on  the 
part  of  others,  there  is  in  the  final  outcome  a  protection  rather 
than  a  violation  of  essential  rights.  Thus  the  reasoning  leads  to 
no  conclusion ;  certainly  not  to  the  very  positive  conclusion  that 
essential  rights  are  being  violated  instead  of  protected.    And 


THE  BOYCOTT  25 1 

what  is  true  of  a  person's  right  to  labor  is  also  true  of  his  right 
to  spend.  He  may  spend  what  he  has  honestly  earned,  just  as 
he  may  spend  what  he  legally  possesses,  when  he  will,  where  he 
will,  for  what  he  will  and  at  any  price  he  will.  Any  organization 
to  prevent  this  is  in  violation  of  an  essential  right.  But  any 
organization  to  secure  this  method  of  expenditure  is  in  protec- 
tion of  an  essential  right. 

Then,  to  pass  to  the  final  stage,  if  the  right  to  do  what  one 
will  be  used  to  secure  indirectly  another  and  larger  object,  there 
is  a  new  difficulty.  For  one  side  says  that  the  exercise  of  this 
right  results  in  damage  to  the  other  party,  the  one  with  whom 
the  working  or  buying  relations  are  to  be  established;  it  is  mali- 
cious. The  other  side  says  that  this  right  of  spending  is  used  to 
further  the  ends  of  the  spender,  namely,  to  promote  the  purposes 
of  trade  unionism,  the  securing  of  better  conditions  of  labor  and 
a  better  economic  life.  These  ends  are  both  lawful  and  laud- 
atory. The  object  is  not  destructive  but  constructive.  If  mo- 
tive or  intent  be  of  any  consequence  at  all  in  giving  legal  color 
to  these  acts,  the  motive  or  intent  is  that  of  self-interest,  the 
ultimate  securing  of  those  laudable  objects  sought  through  or- 
ganization of  labor. 


CHAPTER  XV 
THE  BOYCOTT  (Continued) 

Conclusions  of  an  Exhaustive  Study.  — A  recent  study  of  the 
boycott:  Boycotts  and  the  Labor  Struggle;  Economic  and  Legal 
Aspects,  by  Dr.  H.  W.  Laidler,  has  furnished  a  most  exhaustive 
and  timely  elaboration  of  this  perplexing  subject.  From  it  the 
following  propositions  appear. 

New  Name:  Old  Practice. — Though  the  word  is  compar- 
atively new,  the  practice  is  very  old.  In  great  variety  of  forms 
history  reveals  it.  In  modern  times  consumers'  boycotts,  em- 
ployers' boycotts,  political  boycotts,  international  boycotts, 
trade  boycotts  (in  which  employers  have  used  against  each  other 
the  same  methods  that  are  under  discussion),  farmers'  boycotts, 
Abolitionists'  boycotts,  prohibitionists'  boycotts  —  these  and 
other  forms  are  not  unfamiliar.  "The  working  class,  in  its 
fight  for  better  and  more  humane  conditions,  is  not  the  only 
element  in  society  which  uses  its  purchasing  and  selling  power  to 
force  other  groups  to  grant  concessions.  The  general  public 
resorts  to  the  boycott  to  force  a  reduction  of  monopoly  prices; 
the  class  conscious  capitalist  uses  it  to  silence  the  organs  of  pub- 
lic opinion ;  the  employer  ruthlessly  employs  it  to  crush  the  union 
spirit  among  his  workmen;  the  merchant  wields  it  to  cut  the 
market  from  beneath  unmanageable  competitors;  the  citizen 
uses  it  to  place  his  friends  in  office;  the  peoples  of  one  country 
practice  it  to  gain  concessions  from  other  countries  or  to  prevent 
aggression;  labor,  business,  social,  ethical,  religious,  political, 
educational  associations  fashion  it  to  their  ends  —  some  for  the 
weal  of  society,  some  for  its  detriment." 

Should  Boycott  be  Legally  Recognized?  —  There  are  social 
and  economic  reasons  why  the  boycott  should  be  legally  rec- 
ognized. It  is  true  that  it  is  often  used  unscrupulously  and  with 
blind  and  misdirected  zeal.  Yet  the  difficulties  that  the  laborers 
have  to  encounter  are  real  and  very  great.  From  his  position 
of  advantage  the  employer  in  order  to  break  up  organizations 

252 


THE  BOYCOTT  253 

of  labor  uses  means  that  are  secret,  underhanded  and  unscru- 
pulous. Labor  is  handicapped  heavily  when  operating  individ- 
ually against  employers,  whereas  the  employer  has  the  distinct 
advantage  of  wealth  and  social  position.  Supplementing  this,  he 
forms  powerful  and  often  secret  employers'  organizations,  uses 
secretly  the  blacklist  in  direct  violation  of  law,  employs  secret 
agencies  and  detectives  to  spy  out  the  acts  and  purposes  of  em- 
ployees, secures  appointment  of  private  detectives  in  his  own 
employ  as  sheriff's  deputies  with  all  the  authority  of  the  state 
to  back  them,  influences  the  press  and  even  the  pulpit  and, 
when  open  violence  is  resorted  to,  he  calls  in  the  militia  and  the 
courts  to  keep  order  and  protect  his  rights.  The  chapter  in 
which  this  proposition  is  elaborated  is  particularly  valuable  as 
setting  forth  many  facts  not  generally  known. 

If  labor  is  deprived  permanently  of  the  use  of  the  boycott,  the 
laborers  will  be  driven  to  secret  practices,  always  more  harmful 
than  those  conducted  in  the  open,  to  political  action  and  to  the 
tactics  of  the  Industrial  Workers  of  the  World.  If  the  boycott  is 
legalized,  it  will  be  used  more  sparingly,  more  and  more  will  it  be 
safeguarded  from  abuses. 

Finally,  Laidler  concludes:  "In  view  of  the  effectiveness  of 
the  boycott  in  many  trades,  in  strengthening  the  hands  of  labor, 
and  thus,  indirectly,  in  advancing  social  welfare;  in  view  of  the 
weapons  which  are  constantly  being  brought  into  play  against 
the  laborer  in  his  struggles,  necessitating  the  use  of  weapons 
additional  to  the  strike  and  the  picketing;  in  view  of  some  of  the 
substitutes  which  may  be  resorted  to  if  the  boycott  is  not  avail- 
able; in  view  of  the  decreasing  likelihood  of  any  great  abuse  in 
the  employment  of  the  boycott,  and  the  laws  on  the  statute  book 
which  take  due  care  of  many  of  the  perversions  complained  of; 
and  in  view  of  the  greater  number  of  peaceful  settlements  which 
would  probably  result  from  its  potential  use,  the  writer  (Laidler) 
is  in  favor  of  legalizing  this  weapon.  By  this  he  means  that 
neither  the  injunction  nor  the  civil  nor  criminal  process  should 
be  employed  against  the  primary  or  the  secondary  boycott,  nor 
against  that  form  of  the  compound  boycott  which  involves  only 
the  threat  to  injure  the  business  of  another  by  the  withdrawal 
of  patronage  or  labor.  He,  of  course,  would  not  include  in  this 
exemption  the  threat  of  actual  violence  to  person  and  property. 

"In  advocating  this  legalization,  he  (Laidler)  believes  that 


254    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

there  will  probably  be  some  abuses  in  the  employment  of  the 
boycott,  as  there  are  in  the  exercise  of  every  right;  that  at  times 
the  use  of  this  weapon  is  less  effective  than  that  of  others  at  the 
disposal  of  labor;  but  that  such  abuse  and  such  occasional  in- 
effectiveness do  not  constitute  any  sufficient  argument  for  ren- 
dering the  boycott  illegal." 

An  Answer.  —  There  is  abundant  reason  for  agreeing  with 
this  position,  as  stated  by  Laidler,  though  to  many  it  will  seem 
advanced  or  even  radical.  Its  result  will  be  to  deprive  the  em- 
ployer of  some  of  the  privileges  he  now  has  under  the  law  and  to 
extend  to  employees  a  corresponding  advantage.  If  a  greater 
equality  of  privilege  and  advantage  be  the  result,  there  can  be 
no  rational  objection,  and  only  on  the  securing  of  such  a  result 
can  be  based  any  argument  in  favor  of  the  change.  As  has  been 
so  often  pointed  out,  the  equalization  of  rights  and  privileges 
often  necessarily  involves  a  taking  from  one  to  give  to  another. 

The  Answer  Conditioned.  —  It  seems  clear  that  if  the  pres- 
ent status  of  the  boycott  is  to  be  permanent,  it  must  be  clear  that 
the  permanency  rests  squarely  upon  industrial  equality;  for  the 
purpose  of  the  law  must  be  to  secure  such  a  result.  If  it  is  to  be 
changed,  the  change  must  be  clearly  shown  to  be  in  the  direction 
of  such  equality,  else  there  can  be  no  reason  for  the  alteration. 
For  this  there  is  abundant  justification  found  in  the  familiar 
maxim  that  the  law  adjusts  itself  to  social  changes,  preserving 
justice  as  a  constant  fact  amid  the  ever-changing  phases  of  social 
evolution. 

A  Change  Imminent.  —  That  such  a  change  is  imminent 
seems  evident.  There  is  inconsistency  between  the  law  of 
strikes  and  the  law  of  boycotts.  Why  motive  or  intent  should 
not  be  either  equally  important  or  equally  negligible  is  difficult 
to  explain  on  any  basis  of  reason.  Clearly  the  difference  rests 
on  an  historical  foundation.  This  difference  will  cease  to  exist 
in  time,  for  the  retarded  development  has  had  its  ways  smoothed 
by  its  forerunner,  and  will  sooner  or  later  catch  up. 

Is  Boycott  an  Attack  on  Property  Right?  —  There  is  one 
element  that  is  present  in  reality  but  is  overlooked  in  that  discus- 
sion which  holds  that  boycotting  is  an  attack  upon  a  property 
right  for  which  its  owner  may  claim  legal  protection.  When- 
an  enterpriser  starts  a  business  he  assumes  many  risks  that  he 
cannot  shift.    The  reward  offered  him  by  society  is  large  re- 


THE  BOYCOTT  255 

turns  in  the  form  of  profits,  if  profits  there  be;  but  the  responsi- 
bility for  the  losses,  if  profits  there  be  not.  These  profits  are 
variable  in  amount  and  exceedingly  illusive.  Naturally  the 
enterpriser  does  what  he  can  to  protect  his  profits.  To  do  this 
many  business  practices  have  grown  up  that  do  not  stand  the 
test  of  morals  and  have  consequently  been  condemned  both  in 
public  opinion  and  in  law.  Among  these  risks  is  that  of  being 
able  to  get  and  keep  a  market.  This  is  purely  a  matter  of  com- 
petition, and  many  influences  are  at  work  to  change  market 
conditions,  to  build  up  or  overthrow  one's  trade.  The  right  to 
enter  or  to  refrain  from  entering  into  business  relations  is  not 
open  to  question.  It  is  fundamental  and  is  not  affected  by  the 
fact  that  others  join  in  doing  the  same.  If  it  is  to  the  interest 
of  one  to  refrain,  it  may  be  to  the  interest  of  a  hundred  or  a 
thousand  similarly  placed  to  refrain.  If  they  recognize  this 
interest  by  consultation,  come  to  the  conclusion  by  agreement 
and  unite  in  common  action,  no  one  of  the  group  has  done  what, 
as  an  individual,  he  has  not  a  legal  right  to  do.  Moreover,  if 
their  interests  lie  to  them  in  refraining  from  assuming  the  busi- 
ness relation,  they  are  simply  furthering  their  own  welfare,  and 
this  is,  oT  course,  a  worthy  motive.  That  they  refrain  from  the 
relation  cannot  be  interpreted  as  a  loss  to  the  other  party  to  the 
case.  It  is  true  that  such  relations  are  entered  into  for  mutual 
gain.  If  one  desires  the  relation  for  his  gain  and  the  other  re- 
frains because  he  does  not  see  it  to  his  interest  to  assume  the 
relation,  it  does  not  mean  that  there  is  a  loss.  It  is  true  that  an 
opportunity  for  gain  cannot  be  taken  advantage  of,  but  that  is 
not  a  loss.  One  cannot  be  said  to  have  suffered  a  loss  of  a  thou- 
sand dollars  because  he  has  never  found  a  thousand  dollars. 

But  further,  so  long  as  buying  and  selling  are  but  two  views  of 
the  same  act,  an  act  of  voluntary  business  relation,  and  so  long 
as  the  relation  must  be  one  of  mutual  agreement,  it  is  difficult 
to  see  where  the  property  right  enters  in.  One's  business  is  of 
course  his  property.  So,  in  a  sense,  may  one's  labor  be  called  his 
property.  When  one  offers  for  sale  and  another  refuses  to  buy, 
there  is  simply  a  refusal  to  exchange  property  for  property. 
When  one  points  out  to  another  or  to  many  others  that  it  is  to 
his  interest  not  to  buy,  there  is  again  simply  the  refusal  to 
exchange.  When  many  meet  and  decide  together  or  agree  not 
to  buy,  there  is  concerted  refusal  to  exchange.     To  interpret 


256    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

this  as  a  malicious  destruction  of  one's  business,  which  is  prop- 
erty, and  even  to  interpret  it  as  an  infringement  of  a  property 
right  is  a  manifestation  of  solicitude  for  one  form  of  property 
(a  business)  at  the  expense  of  another  form  (labor)  that  is  not 
easy  to  justify.  The  man  who  goes  into  business  assumes  the 
risk  of  failure  together  with  the  chances  of  success.  If  failure 
comes,  it  is  his  risk,  so  long  as  it  comes  from  the  refusal  of  others 
to  buy,  and  is  his  loss,  but  it  is  not  a  loss  for  which  those  who 
refuse  to  be  purchasers  can  be  held  reponsible.  Clearly  the 
essential  difference  is  in  the  combination  and  in  the  motive. 
But  it  is  at  just  these  two  points  that  the  opinions  show  a  tend- 
ency toward  a  change  of  view.  Combination  and  conspiracy 
are  not  so  fully  synonymous  as  they  have  been.  Motive  is 
not  so  material  as  it  has  been.  Plenty  of  obiter  utterances  may  be 
found  to  show  this  change.  With  the  further  modification  of 
these  older  views  will  come  further  modification  of  the  court's 
attitude  toward  the  boycott. 

A  Conclusion.  —  It  seems  evident  that  the  law  will  have  to 
attach  more  importance  than  it  has  to  the  contention  of  those 
who  insist  upon  the  legality  of  the  labor  boycott.  It  is  true  that 
a  person's  business  is  his  own  only  in  a  restricted  sense.  Good 
will  does  not  belong  inseparably  to  a  business.  The  customers 
are  independent  in  their  patronage.  If  in  the  sale  of  a  business 
a  certain  amount  be  added  to  the  purchase  price  as  covering 
good  will,  the  purchaser  certainly  has  no  control  over  the  wishes 
of  the  customers  if  they  do  not  transfer  their  patronage  to  the 
new  owner.  There  is  no  legal  recourse  for  recovery  of  any  part 
of  the  price  paid  unless  the  former  owner  violates  some  provision 
expressly  stipulated  in  the  contract.  If  good  will  is  a  part  of  a 
business,  then  it  cannot  be  said  that  one's  business  is  entirely 
his  own.  Store,  stock-in-trade,  fixtures,  these  are  property 
that  are  protected  by  law.  Good  will  is  not  subject  to  protection 
of  the  same  kind  for  it  is  a  personal  relation,  mutually  entered 
into,  and  from  which  a  party  may  withdraw  at  will.  In  strikes, 
courts  refuse  to  compel  a  man  to  work,  avoiding  every  coercion 
of  the  person.  In  trade  relations  they  must  take  the  same  view. 
As  one  cannot  be  made  to  work,  so  he  cannot  be  compelled  to 
trade. 

The  Court's  Conclusion.  —  This  line  of  reasoning  can  be  off- 
set by  extracts  from  the  opinions  expressed  by  the  courts.    That 


THE  BOYCOTT  257 

is  to  be  expected,  as  they  do  not  accept  these  general  principles. 
They  conclude  that  the  boycott  is  not  socially  justifiable  and  is 
unlawful.  So  long  as  they  hold  to  these  views,  it  will  be  unlawful 
and  must  be  recognized  as  such.  But  the  principles  upon  which 
their  conclusions  rest  were  laid  down  in  a  different  age  when  con- 
ditions were  unlike  those  of  to-day.  As  the  conditions  change, 
the  principles  of  social  welfare  change,  and  as  these  latter  change, 
the  laws  change  also.  But  legal  changes  are  much  slower  than 
social.  In  this  matter  of  the  boycott  the  legal  changes  have  not 
moved  far  enough  in  the  direction  of  social  changes. 

EARLY   EXPERIENCE   IN   BOYCOTTING 

At  one  time  in  the  development  of  labor's  policy  the  boycott 
seemed  a  very  hopeful  weapon.  Between  1880  and  1890  the 
Knights  of  Labor,  as  a  nation-wide  organization,  reached  the 
height  of  its  power.  During  the  same  period  the  American 
Federation  of  Labor  came  into  being.  Both  organizations 
were  enthusiastic  and  saw  labor's  millennium  just  ahead.  With 
eagerness  the  boycott  was  seized  as  a  convenient  weapon  for 
fighting.  While  there  is  no  complete  information  available 
as  to  the  number  of  boycotts  that  were  instituted  during  this 
period,  the  facts  that  have  been  collected  show  that  its  use 
touched  a  wide  variety  of  trades,  and  that  the  outcome  in  a 
large  proportion  of  cases  was  successful  to  the  workers.  Es- 
pecially favorable  did  the  method  of  attack  prove  against 
the  newspapers,  publishers,  manufacturers  of  cigars,  hats, 
clothing,  stoves,  against  flour  mills,  hotels  and  theaters.  A  very 
complete  record  of  boycotting  was  published  by  the  New  York 
Bureau  of  Statistics  of  Labor  during  the  eight  years,  1885  to 
1892  inclusive.  Covering  that  time  records  were  compiled  of 
1,352  boycotts.  In  the  first  year  there  were  59.  The  year  fol- 
lowing the  number  increased  to  163.  The  number  remained 
large  (hovering  around  180)  until  the  last  year  when  it  dropped 
to  88.  The  results  of  these  boycotts  are  not  fully  reported.  At 
first  the  success  appears  to  have  been  relatively  large.  In  the 
year  of  the  largest  number  the  successes  appear  least  numerous. 
Many  cases  reported  were  not  followed  up  to  record  the  out- 
come. Of  686  cases,  the  conclusions  of  which  were  noted,  461 
were  reported  as  succeeding,  leaving  only  about  one-third  as 


258    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

failures.  This  should  not  be  taken  as  of  too  much  weight,  as 
it  is  possible  that  those  of  successful  issue  were  more  likely  to 
be  reported  than  the  failures.  In  1888  the  Commissioner  of 
Labor  in  whose  office  these  facts  were  compiled  was  of  the 
opinion  that  the  boycott  was  losing  rather  than  gaining  in  its 
effectiveness.  At  first  it  seems  to  have  caught  the  employers 
unawares  and  they  did  not  know  how  to  oppose  it.  The  pecu- 
liar persistency  with  which  boycotts  were  fought  did  not  carry 
the  support  of  public  opinion.  Appeals  to  the  courts  met  with 
success.  The  conspiracy  law  was  interpreted  by  the  judges  as 
covering  the  cases  and  decisions  were  rendered  against  the 
boycotters.  These  legal  appeals  were  made  with  increasing 
frequency.  In  one  year  over  one  hundred  boycott  leaders  were 
sentenced  to  the  penitentiary  in  New  York  City  alone. 

Conclusion  from  Experience.  —  An  analysis  of  the  data  of 
boycotts  during  the  eighties  and  nineties  of  the  last  century 
shows  some  interesting  conclusions.  Of  those  that  were  brought 
to  a  final  termination,  from  two-thirds  to  three-fourths  were 
successful,  and,  generally  speaking,  the  greatest  successes  came 
to  boycotts  against  primary  necessities.  It  also  appears  that 
"the  success  of  boycotts  is  likely  to  be  in  inverse  ratio  to  their 
frequency;  that  those  boycotts  which  do  not  act  effectively 
within  the  first  few  months  are  much  less  likely  to  succeed  than 
those  vigorously  pushed  from  the  very  beginning;  also  that  the 
causes  underlying  the  boycott  are  among  the  determining  fac- 
tors in  its  success."  Further  it  appears  that  while  boycotts 
are  subject  to  abuse,  such  abuse  is  liable  to  prove  a  "boomerang 
against  labor."  With  its  continued  use,  the  abuse  tends  to 
become  less.  The  facts  of  the  period  indicate  also  a  growing 
conservatism  on  the  part  of  unions  in  the  use  of  the  boycott. 

Factors  Affecting  Success  of  Boycott.  —  Several  factors  ap- 
pear as  of  leading  significance  in  determining  the  success  of  a  boy- 
cott when  no  appeal  is  made  to  the  court  for  legal  interference. 
The  following  list  is  suggested  by  Laidler:  the  character  of  the 
market  for  the  commodities  boycotted;  the  strength  of  the  boy- 
cotting organization;  the  frequency  and  regularity  with  which 
the  article  is  purchased;  the  location  of  the  boycotted  firm;  its 
capital;  nation-wide  extent  of  its  trade;  the  degree  of  monopoly; 
the  manner  in  which  the  unionists  concentrate  on  one  firm; 
the  publicity  secured;  the  ease  with  which  the  boycotted  goods 


THE  BOYCOTT  259 

are  distinguished;  the  character  of  the  competition  against 
the  firm;  the  directness  of  the  boycotting  attacks;  the  causes 
leading  to  the  institution  of  the  boycott;  the  vigor  with  which 
it  is  pushed  at  the  very  outset;  and  the  care  used  in  its  inau- 
guration. 

An  Illustration.  —  That  the  boycotts  of  this  period  were 
"carried  on  in  many  cases  in  a  most  arbitrary,  annoying  and 
offensive  manner,  resulting  in  an  outburst  of  popular  sympathy 
for  the  boycotted  and  of  popular  indignation  against  the  boy- 
cotters"  will  appear  if  two  cases  are  described  in  some  detail. 
One  was  the  case  of  boycott  against  a  music  hall.  Theiss  was 
the  proprietor  and  he  employed  an  orchestra  of  thirteen  pieces, 
with  a  force  of  waiters,  bartenders  and  other  helpers.  His 
investment  was  given  at  $300,000.  Among  his  employees  were 
members  of  Waiters  Union  No.  1,  the  Carl  Sahm  Club  and 
Bartenders  Union  No.  1.  The  demands  presented  to  Theiss 
were  that  he  discharge  the  orchestra,  who  were  themselves 
union  musicians,  though  not  of  the  same  union,  and  employ 
only  members  of  the  Carl  Sahm  Club,  paying  union  wages; 
also  that  all  non-union  waiters  and  bartenders  be  discharged,  — 
this  within  twenty-four  hours,  on  pain  of  boycott.  Theiss's 
son-in-law  was  head  bartender  and  his  son  was  head  waiter. 
The  leaders  employed  fifty  men  to  conduct  the  boycott,  supply- 
ing them  with  refreshment  and  arranging  them  in  relays.  They 
wore  hats  with  boycott  labels  on  them,  passed  out  posters 
signed  by  the  boycott  committee  of  the  Central  Labor  Union 
denouncing  Theiss  as  a  foe  to  labor.  At  times  the  crowd  at- 
tracted in  front  of  the  hall  was  five  hundred  or  more.  The 
police  arrested  the  leaders  but  the  magistrates  discharged  them. 
Growing  bolder,  the  men  entered  the  hall,  pasted  labels  on  the 
tables,  discolored  the  frescoed  walls,  set  fire  to  substances  which 
filled  the  hall  with  smoke  and  offensive  odors,  and  destroyed 
some  of  the  stage  scenery.  This  continued  for  fifteen  days. 
Theiss  purchased  his  mineral  waters  of  Shultz.  They  threatened 
Shultz  till  he  would  not  sell  to  Theiss.  Ehret,  a  brewer,  was 
called  on  and  asked  to  refuse  to  sell  beer  to  Theiss  and  to  fore- 
close a  mortgage  on  his  place  or  be  boycotted  by  the  Knights 
of  Labor.  At  this  stage  Ehret  arranged  for  a  meeting  in  his 
office  between  Theiss  and  his  boy  cotters.  The  outcome  was 
that  Theiss  finally  yielded  at  every  point.    Then  the  boycotters 


260    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

said  that  they  had  incurred  an  expense  of  $1,000  in  pushing 
the  boycott,  printing  circulars,  paying  the  fifty  men  and  other 
expenses,  and  that  Theiss  must  pay  this  amount.  He  paid  it. 
When  taken  to  court  the  men  were  found  guilty  and  sentenced 
accordingly.  "We  are  told,"  said  the  judge  in  this  case,  "that 
it  has  been  the  custom  to  rob  in  that  manner  (by  the  boycott) 
and  that  such  atrocities  have  been  frequent  in  our  midst." 

Another  Illustration.  —  Another  case  of  boycott  had  quite 
a  different  course.  A  bakery  was  being  operated  by  a  Mrs. 
Gray  and  was  charged  with  being  non-union.  An  effort  was 
made  to  raise  wages  and  unionize.  On  refusal  of  Mrs.  Gray 
to  meet  the  demands  a  boycott  was  established.  The  customers 
were  notified  of  the  boycotters'  claims,  circulars  were  distributed 
and  pickets  were  posted.  Grocers  who  purchased  her  bread 
were  in  turn  boycotted.  The  delivery  wagons  were  followed 
and  customers  warned  or  threatened.  Large  placards  were 
posted:  "Boycott  Gray's  Bakery."  Soon  the  boycotters  added 
to  their  demands  the  payment  by  Mrs.  Gray  of  $2,500,  on 
account  of  expenses  of  pushing  the  boycott.  The  case  received 
wide  publicity  through  the  papers  and  the  general  opinion 
turned  in  favor  of  Mrs.  Gray.  Orders  increased  and  business 
prospered.  The  place  became  famous  for  the  time.  Pickets 
were  arrested  and  fined  for  obstructing  the  sidewalks.  In 
addition  to  the  increase  in  business  came  checks  from  "promi- 
nent citizens";  "hundreds  of  letters"  of  encouragement  and 
checks  with  large  orders  for  bread  to  be  sent  to  charitable  in- 
stitutions, till  the  resources  of  the  establishment  were  unable 
to  meet  the  new  demands  of  business.  The  boycotters  were 
persistent,  however,  and  only  continued  indictments  following 
arrests  put  a  stop  to  their  activities. 

Other  Cases. —  The  Fifth  Avenue  Hotel  was  boycotted  by 
the  Painters  Progressive  Union,  pickets  waylaying  public  men 
who  were  stopping  at  the  hotel  and  requesting  them  to  go 
elsewhere  as  an  alternative  to  being  boycotted  in  business 
or  at  the  polls.  A  large  brewery  was  boycotted  because  the 
proprietor  had  a  wagon  repair  shop  as  a  department  of  his 
business.  A  label  manufacturing  company  suddenly  saw  its 
employees  walk  out.  Later  the  managers  received  a  demand 
for  increase  in  pay,  but  the  places  had  in  the  meantime  been 
filled.    A  few  days  later  two  men  from  the  Central  Labor  Union 


THE  BOYCOTT  261 

called,  but  on  hearing  that  the  former  employees  had  left  before 
making  any  request  they  went  away  apparently  satisfied. 
Within  a  few  days  the  firm  was  advised  by  one  of  its  largest 
customers  that  it  was  boycotted  and  that  they  were  forbidden 
to  buy  anything.  The  firm  then  discharged  the  new  men  and 
took  back  the  former  ones,  paying  the  Central  Labor  Union 
fifteen  dollars  for  the  expenses  of  the  boycott.  An  employer 
was  boycotted  for  the  sole  reason  that  his  men  refused  to  join 
a  union.  In  another  instance  a  boycott  was  resorted  to  in 
order  to  compel  two  engineers,  belonging  to  a  rival  organiza- 
tion, to  join  the  union  of  the  boycotters.  A  passage  quoted  from 
a  number  of  the  New  York  Boycotter  indicates  the  spirit  of  these 
undertakings.  "In  boycotting  we  believe  it  to  be  legitimate  to 
strike  a  man  financially,  socially  or  politically.  We  believe  in 
hitting  him  where  it  will  hurt  the  most.  We  believe  in  remorse- 
lessly crowding  him  to  the  wall;  but  when  he  is  down,  instead  of 
striking  him,  we  would  lift  him  up  and  stand  him  once  more 
upon  his  feet."  Even  with  these  views  the  same  editorial  adds 
that  boycotting  should  be  a  last  resort  because  it  is  such  a 
drastic  remedy. 

In  1892  the  New  York  Commissioner  reports  the  decrease 
in  the  number  of  boycotts.  One  reason  he  assigns  is  that  or- 
ganized labor  has  attained  a  development  where  it  finds  it 
necessary  to  wield  the  "potent  weapon"  with  caution.  Doubt- 
less the  success  of  indictments  in  court  had  its  effect  also  in 
securing  caution.  The  newer  and  more  radical  the  union, 
generally  the  more  readily  the  boycott  was  used  in  its  more 
offensive  form,  often  continuing  the  boycott  after  the  demands 
had  been  granted,  and  driving  the  victim  out  of  business  as 
an  example  to  others,  or  demanding  payments  of  money  as  a 
most  open  form  of  blackmail. 

Effects  of  Early  Experience.  —  With  such  a  spirit  as  boy- 
cotters  manifested  during  these  early  years  of  its  general  use,  it 
is  not  to  be  wondered  at  that  the  public  mind  turned  against  it, 
that  the  employers  resorted  to  every  means  afforded  by  law  to 
fight  it,  and  further  that  judges,  impressed  with  the  dangers  of 
its  spread,  afforded  such  protection  as  the  elastic  conception  of 
conspiracy  made  possible.  From  such  a  beginning  the  boycott 
has  had  a  serious  time  in  restoring  itself  to  some  degree  of 
respectability  even  in  the  minds  of  those  whose  sympathies 


262    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

incline  them  to  recognize  the  broad  significance  of  the  fight 
that  laborers  are  making. 

LATER    DEVELOPMENTS 

With  the  fuller  realization  of  power  on  the  part  of  some  of 
the  stronger  unions,  the  boycott  has  come  to  be  somewhat  more 
conservatively  handled.  Yet  once  called  into  use,  it  becomes 
a  matter  of  serious  fighting.  In  connection  with  a  strike  on 
the  Toledo,  Ann  Arbor  and  Northern  Michigan  Railroad,  the 
strikers  through  their  organization  sought  to  boycott  that  road 
by  compelling  connecting  roads  to  refuse  to  handle  its  freight. 
The  matter  was  taken  to  the  court  where  an  injunction  was 
issued  against  the  union  officials.  In  connection  with  this  liti- 
gation Judge  Taft  wrote  one  of  the  strongest  opinions  against 
the  boycott.  The  great  Pullman  strike  of  1894  led  to  another 
systematic  effort  to  boycott  all  roads  that  operated  Pullman  cars. 
This  effort  was  made  by  the  American  Railway  Union,  an  or- 
ganization just  formed  through  the  leadership  of  Eugene  V. 
Debs.  There  was  much  litigation  as  well  as  much  lawlessness 
in  this  struggle,  though  the  strike  itself  was  more  directly  re- 
sponsible for  the  disturbances. 

Two  Recent  Cases.  —  Recent  years  have  witnessed  two  great 
contests  in  which  the  boycott  has  figured  as  the  leading  if  not 
the  sole  means  adopted  by  the  unions  to  secure  their  ends. 
These  two  are  what  are  known  as  the  Hatters'  Boycott  and 
the  Buck  Stove  and  Range  Boycott.  The  latter  began  in  1906. 
The  former  was  a  part  of  a  campaign  for  a  closed  shop  begun 
by  the  Brotherhood  of  United  Hatters  of  America  in  1897. 
This  campaign  had  been  successful  in  a  majority  of  shops. 
But  when  the  shop  of  Daniel  Loewe  was  attacked,  he  made  a 
firm  resistance  and  the  machinery  of  a  well-organized  boycotting 
system  was  turned  against  it  in  1902.  Both  of  these  cases 
were  taken  to  court  and  made  the  cause  of  a  desperate  legal 
fight.  Opinions  went  steadily  against  the  boycotters.  The 
Buck  Stove  and  Range  Case  assumed  the  form  of  a  struggle 
between  the  company  of  that  name  and  the  American  Federa- 
tion of  Labor  officials.  Injunctions  were  issued  forbidding  the 
continuance  of  the  boycott,  the  injunction  was  appealed  and 
sentences  that  had  been  pronounced  for  its  violation  suspended- 


THE  BOYCOTT  263 

pending  the  appeal.  The  case  was  finally  brought  to  a  settle- 
ment in  the  United  States  Supreme  Court  in  accordance  with 
which  the  accused  were  not  required  to  serve  sentence  that 
had  been  imposed  by  lower  courts  nor  were  the  principles  in 
the  case  authoritatively  decided. 

The  Loewe  Case  was  brought  under  the  Sherman  Anti-Trust 
Act.  The  final  decision  of  the  United  States  Supreme  Court 
in  this  case,  after  many  years  of  trial  and  appeal,  holds  the 
boycotters,  the  individual  members  of  the  local  union,  individ- 
ually liable  for  three  times  the  damages  sustained  by  the  Loewe 
firm. 

REASONABLENESS  OF  PRESENT  LEGAL  STATUS 

Even  a  cursory  examination  of  the  law  cannot  fail  to  impress 
upon  one  that  the  boycott  is  not  lawful  generally  in  the  United 
States.  This  situation  arises  not  so  much  from  statutory  enact- 
ment directly  dealing  with  boycotting  as  from  the  common  law 
and  from  statutes  of  a  more  general  nature.  In  every  part  of  the 
country  the  common-law  principles  are  generally  the  same  and 
are  to  the  effect  that  "at  common  law  every  person  has  individ- 
ually, and  the  public  also  has  collectively,  a  right  to  require  that 
the  course  of  trade  should  be  kept  free  from  unreasonable  ob- 
struction." Moreover,  in  at  least  thirty  states  there  are  statutes 
directed  to  the  prohibition  of  interference  with  labor  and  against 
intimidation  in  any  form.  The  tendency  to  define  boycotting 
in  terms  of  coercion  and  intimidation  easily  brings  the  act  within 
the  prohibitions  of  the  statute. 

In  1903  Alabama  enacted  the  first  state  law  in  the  United 
States  in  which  boycotting  is  dealt  with  by  name,  declaring  it  to 
be  illegal  and  subject  to  fine  or  imprisonment.  The  provisions 
of  this  statute  are  very  rigid,  making  it  a  misdemeanor  for  any 
one  to  have  printed  or  circulated  any  notice  that  a  boycott 
"  exists  or  has  existed  or  is  contemplated."  Colorado,  Illinois, 
Indiana  and  Texas  have  also  placed  anti-boycott  laws  on  their 
statute  books.   These  laws  are  similar  in  their  general  provisions. 

As  to  the  legality  of  boycotts  there  can  be  but  one  opinion. 
"As  simple  strikes  are  nearly  always  lawful,  so  boycotts  are 
nearly  always  unlawful."  Boycott  has  come  to  mean  generally 
in  law  "an  unlawful  conspiracy."  What  the  law  is  admits  of  no 
discussion  from  laymen.    It  is  simply  a  fact,  enacted  by  a  legis- 


264    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

lature  or  declared  by  a  court  and  a  fact,  of  course,  to  be  accepted. 
But  what  the  law  ought  to  be  is  certainly  a  topic  open  to  discus- 
sion. 

It  is  the  question  of  how  the  law  came  to  be  what  it  is,  and 
what  it  should  be,  that  will  occupy  attention.  It  seems  very 
doubtful  if  the  law  will  remain  as  it  is,  and  further  it  is  even 
more  doubtful  whether  it  should  remain  so. 

Legal  Transition.  —  As  already  pointed  out,  the  development 
of  the  common  law  of  boycott  is  passing  through  much  the  same 
stages  as  that  of  strikes  and  is  influenced  by  much  the  same 
forces.  It  has  been  shown  how  in  the  earlier  days  the  strike  was 
an  unlawful  conspiracy,  how  the  broader  "rights  of  man" 
forced  the  modification  of  this  view  by  sheer  weight  of  logic, 
until  the  lawfulness  of  these  means  is  now  generally  recognized. 
The  legal  history  of  boycott,  starting  as  it  has  from  the  same 
point  of  "  unlawful  conspiracy"  must  follow  essentially  the  same 
line  of  development. 

The  Contrast :  Strike  and  Boycott.  —  The  differences  that 
now  exist  may  be  summed  up  in  the  statement  that  the  intent 
is  of  greater  import  in  the  boycott  than  in  the  strike.  In  the  boy- 
cott "  the  intent  becomes  of  importance."  "The  prime  question 
in  the  law  of  boycott  is  that  of  intent." 

This  seems  to  be  a  distinction  that  cannot  logically  be  in- 
sisted upon.  Men  may  withhold  their  labor  by  agreement  but 
they  may  not  withhold  their  trade.  Men  may  prevail  upon 
their  fellow  laborers  to  withhold  their  labor,  may  be  induced  to 
join  in  a  strike.  They  may  not  induce  the  same  fellow  laborers 
to  withhold  or  withdraw  their  trade.  In  Massachusetts  they 
jointly  withhold  their  labor  to  raise  wages  but  may  not  jointly 
withhold  their  trade  for  the  same  purpose.  In  New  York  they 
may  strike  for  any  reason  or  for  no  reason,  but  may  not  boycott 
whatever  may  be  the  reason.  In  other  words,  in  a  strike  to  en- 
force demands,  the  purpose  is  self-help,  but  a  boycott  to  enforce 
even  the  same  demands  is  malicious.  Judicial  opinions  of  to-day 
on  the  boycott  sound  so  very  similar  to  judicial  opinions  of  two 
generations  ago  on  the  strike  that  the  historical  view  seems  to  be 
the  only  valid  one  in  explanation  of  this  difference.  Organized 
strikes  are  not  new  and  the  rights  and  obligations  in  connection 
with  them  have  been  somewhat  adjusted  to  the  "rights  of  man." 
Organized  boycotts  are  new,  and  such  rights  and  obligations  as 


THE  BOYCOTT  265 

logically  belong  to  them  have  not  yet  been  properly  subordinated 
to  the  more  fundamental  "rights  of  man."  It  does  not  seem 
possible  that  any  reasoning  can  endure  for  long  that  views  the 
intent  in  a  strike  as  of  itself  virtuous  and  that  of  a  boycott  as  of 
itself  vicious. 

From  this  point  of  view  it  is  difficult  indeed  to  follow  the  logic 
of  Judge  Taft's  argument  on  the  illegality  of  boycotts.  As 
Judge  Taft  himself  has  later  told  us,  the  opinion  was  written  "  to 
explain  what  was  the  illegality  of  the  boycott."  It  has  been 
widely  quoted  and  has  been  as  influential,  perhaps,  as  any 
opinion  written.  The  opinion  recognized  ordinary  competition 
as  involving  chances,  and  if  one  suffers  from  recognized  and 
approved  acts  of  competition,  he  has  no  ground  for  action.  If 
an  employer's  profits  are  reduced  by  a  refusal  on  the  part  of  his 
workmen  to  remain  in  his  employ  unless  wages  are  increased, 
the  loss  arises  from  the  exercise  of  the  workmen's  lawful  right  to 
work  for  such  wages  as  they  choose,  and  to  get  as  high  a  rate  as 
they  can.  Even  if  called  on  to  work  with  material  that  for  any 
reason  is  not  satisfactory  to  him  as  a  workman,  he  may  lawfully 
refuse  to  work  it.  The  loss  sustained  by  the  material  man  by 
such  a  refusal  gives  no  ground  for  action.  In  these  matters,  the 
opinion  further  states,  what  one  may  do  many  may  combine  to 
do  without  giving  any  right  of  action  against  those  who  cause 
the  loss.  If  the  workmen  refuse  to  work  at  a  critical  time  when 
the  loss  would  be  serious  to  the  employer  "and  they  intention- 
ally inflict  such  loss  to  coerce  him  to  come  to  their  terms,  they 
are  bona  fide  exercising  their  lawful  rights  to  dispose  of  their  labor 
for  the  purpose  of  lawful  gain."  From  this  line  of  reasoning,  so 
generally  recognized  as  valid,  the  transition  to  the  boycott  is 
made  in  the  following  words:  "But  on  this  common  ground  of 
common  rights,  where  every  one  is  lawfully  struggling  for  the 
mastery,  and  where  losses  suffered  must  be  borne,  there  are  losses 
willfully  caused  to  one  by  another  in  the  exercise  of  what  other- 
wise would  be  a  lawful  right,  from  simple  motives  of  malice." 
"The  normal  operation  of  competition  in  trade  is  the  keeping 
away  or  getting  away  patronage  from  rivals  by  inducements 
offered  to  the  trading  public.  The  normal  operation  of  the  right 
to  labor  is  the  securing  of  better  terms  by  refusing  to  contract  to 
labor  except  on  such  terms." 

If  the  distinction  be  that  between  the  laborer's  right  to  dis- 


266    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

pose  of  his  labor  and  the  right  to  spend  his  money  as  a  purchaser, 
it  is  not  a  true  distinction.  Normal  competition  in  trade  and 
normal  competition  in  labor  cannot  be  successfully  made  to 
appear  as  two  distinct  forms  of  normal  competition,  with  dif- 
ferent laws  controlling  them.  A  withholding  of  labor  and  a 
withholding  of  trade  may,  and  in  most  instances  doubtless  do, 
have  the  same  intent  or  the  same  purpose,  namely,  the  general 
purpose  of  the  laborers  to  improve  their  conditions.  It  seems 
inevitable  that  this  distinction  between  strike  and  boycott 
should  be  removed.  It  is  but  the  simplest  element  of  logic  that 
what  men  may  lawfully  do  in  the  disposition  of  their  labor  they 
may  do  in  the  disposition  of  their  trade. 


CHAPTER  XVI 
THE   CLOSED   SHOP 

In  approaching  the  topic  suggested  by  the  title  of  this  chapter, 
the  Closed  Shop,  we  are  face  to  face  with  one  of  the  most  per- 
plexing questions  of  unionism.  It  is  extremely  difficult  to  find 
solid  ground  on  which  to  stand  in  making  an  analysis.  Nothing 
seems  fixed.  To  one  side,  the  matter  seems  simple  enough.  So 
too  with  the  other.  But  when  one  seeks  to  bring  the  two  sides 
together,  the  position  accepted  as  determinative  by  one  is  most 
summarily  rejected  by  the  other. 

An  Old  Issue.  —  That  the  issues  involved  are  not  new  is  ev- 
ident at  once  upon  a  brief  historical  review.  They  have,  how- 
ever, assumed  a  new  importance  in  more  recent  agitation  and  this 
has  brought  them  into  greater  prominence.  The  Webbs  in  their 
Industrial  Democracy  assure  us  that  the  closed  shop  began 
with  the  beginning  of  unionism.  "Any  student  of  Trade  Union 
annuals  knows  that  the  exclusion  of  non-unionists  is  coeval  with 
Trade  Unionism  itself,  and  that  the  practice  is  far  more  char- 
acteristic of  its  older  forms  than  of  any  society  formed  in  the 
present  generation.  The  trade  clubs  of  handicraftsmen  in  the 
eighteenth  century  would  have  scouted  the  idea  of  allowing  any 
man  to  work  at  their  trade  who  was  not  a  member  of  the  club." 

Instances  of  efforts  to  oust  the  non-union  man  appear  early  in 
American  trade  union  history.  The  case  of  the  Philadelphia 
Cordwainers  in  1806  was  one  "not  of  every  day's  production" 
in  which  certain  workmen  formed  an  association  and  fixed  a 
union  wage  which  they  sought  to  establish  with  their  employer. 
They  further  agreed  not  to  work  for  any  employer  who  kept  in 
his  employ  workmen  who  did  not  belong  to  this  organization 
and  obey  its  rules  and  by-laws.  In  1809  the  Baltimore  Cord- 
wainers were  brought  to  trial  for  compelling  an  employer  to  dis- 
charge certain  men  who  would  not  submit  to  being  unionized. 
In  the  same  year  the  New  York  Cordwainers  "did  unlawfully 
assemble  and  meet  together  and  .  .  .  did  .  .  .  unjustly  and 

267 


268    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

corruptly  conspire,  combine,  confederate  and  agree  together  that 
none  of  them,  the  said  conspirators  .  .  .  would  work  for  any 
master  or  person  whatsoever  .  .  .  who  should  employ  any 
workman  or  journeyman  .  .  .  not  being  a  member  of  the  said 
club  or  combination."  In  1815  the  Cordwainers  of  Pittsburgh 
undertook  to  enforce  the  same  rule.  By  1850  the  closed  shop 
policy  had  been  very  generally  developed  in  the  leading  trades. 
It  came  to  be  most  strongly  insisted  upon  that  all  workmen 
must  join  the  trade  association  and  that  no  employer  should  be 
allowed  to  retain  in  his  shop  any  non-member. 

A  Complex  Issue.  —  The  issue  is  not  an  easy  one  to  analyze 
because  of  its  many  sides.  The  lines  cannot  be  drawn  so  clearly 
as  to  enable  one  to  choose  between  two  general  propositions 
of  universal  application:  between  a  shop  open  only  to  union 
men  and  a  shop  in  which  the  employer  chooses  his  own  men 
without  being  influenced  by  union  officials.  Were  this  the 
real  form  of  the  issue  it  could  become  no  more  than  a  theoretical 
question,  affording  opportunity  for  endless  discussion  and  never 
a  final  conclusion.  It  is  essentially  a  relative  issue,  relative 
to  the  time,  to  the  nature  of  the  industry,  to  the  disposition 
of  the  employer,  to  the  character  and  degree  of  skill  of  the  men 
employed,  to  the  nature  of  the  policies  of  the  unions  concerned, 
both  local  and  national,  and  to  the  personnel  of  their  leaders. 
With  all  these  conditioning  facts  to  consider,  it  is  no  wonder 
that  as  an  issue  for  discussion  it  is  as  far  from  settlement  as 
ever,  and  as  a  policy  for  adoption  it  has  reached  various  stages. 
Thus  the  question  becomes  one  of  "practical  exigency  in  a 
given  time  and  place,"  and  not  primarily  one  of  principle. 

Definition  of  Terms. —  Before  any  conclusive  opinion  can 
be  formed  on  the  industrial  and  social  consequences  of  such  a 
rule  or  policy,  the  terms  must  be  more  clearly  defined  than 
they  often  are  in  popular  discussion.  Open  shop,  closed  shop, 
union  shop,  mixed  shop;  all  have  a  meaning  that  is  relative 
rather  than  independent  and  the  terms  are  not  used  with  a 
uniform  meaning. 

Early  Meaning.  —  In  earlier  days  the  distinction  was  one 
made  by  the  workingman  himself  from  his  union  point  of 
view.  A  closed  shop  was  one  to  which  the  workman  was  sup- 
posed not  to  go  because  of  strike,  lockout,  or  boycott  against 
the  shop.    By  his  own  decision  it  was  closed  to  him  as  a  union 


THE  CLOSED  SHOP  269 

workman.  The  open  shop  was  one  in  which  as  a  union  man 
he  might  seek  work.  The  open  shop  as  thus  understood  was 
favored  of  course,  while  the  closed  shop  was  a  shop  condition 
in  which  temporarily  at  least  as  a  loyal  union  man  he  could 
not  work.  Since  this  time  the  meaning  has  been  practically 
reversed. 

Employers'  Definitions.  —  When  one  looks  for  accurate  defi- 
nition, adapted  to  the  present  time,  a  variety  of  usage  appears. 
From  the  employer's  point  of  view  there  exists  what  may  be 
called  a  set  of  definitions,  each  term  having  its  separate  meaning. 
In  a  paper  presented  before  the  American  Economic  Association 
in  1904  there  appears  a  four-fold  group  of  terms,  each  present- 
ing a  situation  and  each  given  a  name,  as  the  employer  sees 
the  situation. 

First,  there  is  the  union  closed  shop.  This  situation  indicates 
a  shop  in  which  union  conditions  prevail  and  none  but  union 
men  are  employed.  Second,  there  is  the  employers'  closed 
shop;  a  shop  closed  by  the  employer  to  union  men.  Third, 
the  nominal  open  shop  (called  also  the  "so-called  open  shop"). 
Here  there  is  nominal  freedom  from  discrimination.  The  em- 
ployer is  not  supposed  to  discriminate  against  union  men  nor 
do  the  union  employees,  presumably,  seek  to  intimidate  or 
coerce  the  non-union  workmen.  Fourth,  the  true  open  shop; 
a  shop  in  which  the  above  suppositions  are  realized  in  fact; 
a  shop  "where  the  rights  of  the  individual  are  respected,  where 
reward  is  measured  by  merit  and  where  law  and  order  prevail." 
That  such  a  distinction  is  logical,  will  not  be  denied.  Yet  it 
is  too  cumbersome  for  practical  uses.  As  the  issue  now  exists 
there  appears  no  place  for  such  definitions. 

Workers'  Definition.  —  On  the  unionist's  side  there  is  no 
serious  attempt  at  such  elaborate  definition.  The  idea  of  what 
is  wanted  is  sufficiently  clear  and  practical  to  serve  as  a  goal 
and  in  a  very  businesslike  way  the  necessary  steps  leading  to 
it  are  taken.  There  are,  as  the  unionist  sees  it,  but  two  con- 
ditions and  so  but  two  terms  are  needed.  The  closed  shop: 
one  closed  to  the  dangerous  rivalry  of  the  non-union  workman; 
the  open  shop:  one  in  which  the  employer  is  left  free  to  work 
out  in  practice  any  application  of  non-unionism  that  he  may 
desire. 

The  "Union  Shop"  —  To  a  union  leader,  however,  is  due 


270    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  credit  of  making  real  a  third  term  in  the  laborer's  vocabulary. 
It  is  the  union  shop.  As  this  unionist,  Mr.  Henry  White,  former 
Secretary  of  the  United  Garment  Workers,  views  the  situation 
the  open  shop  is  one  in  which  the  conditions  of  work  are  set 
by  the  employer  after  trying  conclusions  with  the  union  and 
establishing  his  independence.  The  closed  shop  is  one  in 
which  terms  of  work  are  made  by  union  officials  after  a  strike 
or  show  of  force  to  which  the  employer  has  yielded.  A  union 
shop,  unlike  either  of  the  two,  is  one  in  which  the  union  workmen 
have  demonstrated  to  the  employer  their  superior  efficiency 
and  thus  made  themselves  the  voluntary  choice  of  the  em- 
ployer. While  the  open  and  the  closed  shop  indicate  compulsion, 
the  union  shop  grows  out  of  mutual  advantage.  The  term 
union  shop  is  "made  to  apply  to  places  where  only  union  mem- 
bers are  employed  without  the  employer's  agreeing  to  follow 
this  course,  while  in  the  closed  shop  the  employer  expressly 
agrees  to  exclude  non-unionists." 

In  defending  this  conception  of  the  union  shop  this  writer 
says: 

"There  is  a  vital  difference  between  being  forced  to  give  up 
a  right,  and  deciding  to  suspend  its  exercise  for  practical  reasons. 
This  distinction  may  seem  to  be  finely  drawn,  yet  some  of  the 
largest  disputes  have  taken  place  because  of  neglecting  it. 
Many  an  employer  will  readily  accommodate  himself  to  a 
situation  and  employ  only  union  men,  but  he  will  strongly 
protest  against  being  bound  by  contract  to  do  so.  Even  should 
he  employ  union  men  exclusively,  he  may  reserve  the  right 
to  employ  others  if  he  so  desires.  And  so  with  the  union  work- 
men. When  unable  to  help  themselves,  they  will  work  with 
non-members;  but  they  will  resist  an  attempt  to  make  them 
agree  to  do  so  at  all  times.  The  method  by  which  the  open 
or  closed  shop  is  upheld  is  the  real  question.  There  is  no  diffi- 
culty as  to  principle,  if  the  acknowledged  rights  of  either  side 
are  respected.  The  one  condition  that  the  union  can  justly 
insist  upon  is  that  there  shall  be  no  discrimination  against  its 
members,  and  that  the  employees  shall  be  treated  with  through 
their  representatives.  The  natural  disadvantage  of  the  laborer 
entitles  him  to  that  consideration,  and  public  opinion  sustains 
him  to  that  extent.  .  .  .  Undoubtedly  the  employer  would 
be  inclined  to  discriminate,  but  that  is  a  situation  the  union 


THE  CLOSED  SHOP  271 

must  meet  by  better  organization.  The  employer  could  allege 
also  on  the  same  grounds  that,  by  employing  union  men,  he 
would  lose  control  of  his  shop,  and  workmanship  would  deteri- 
orate. The  task  of  each  side  is  to  prevent  the  other  from  mak- 
ing unfair  use  of  its  power,  not  to  seek  to  protect  itself  from 
oppression  by  curtailing  the  liberty  of  the  other." 

This  distinction  between  a  union  shop  on  the  one  hand  and 
a  closed  shop  and  an  open  shop  on  the  other  has  been  clearly 
made  by  Professor  Commons.  First  he  insists  that  the  confu- 
sion of  terms  is  due  to  the  adoption  of  different  points  of  view. 
The  employer  sees  it  from  the  side  of  the  contract  or  the  trade 
agreement  with  his  men.  It  is  legal  or  contractual.  On  the 
other  side,  the  union  sees  the  actual  situation  as  it  exists  in 
the  shop.  With  these  facts  in  mind  Professor  Commons  pre- 
sented to  the  American  Economic  Association,  in  1904,  a  defi- 
nite distinction  in  the  following  words: 

"It  is  evident  that  with  these  different  points  of  view  it  is 
difficult  to  reach  an  understanding.  Clearness  would  be  pro- 
moted by  adopting  a  use  of  terms  which  would  bring  out  the 
above  distinctions  as  they  are  found  in  practice.  In  doing  so 
the  closed  shop  would  be  viewed  from  the  side  of  the  contract, 
and  would  be  designated  as  one  which  is  closed  against  the  non- 
unionist  by  a  formal  agreement  with  the  union;  the  open  shop 
as  one,  where,  as  far  as  the  agreement  is  concerned,  the  employer 
is  free  to  hire  union  or  non-union  men;  the  union  shop  as  one 
where,  irrespective  of  the  agreement,  the  employer,  as  a  matter 
of  fact,  has  only  union  men.  Thus  an  open  shop,  according 
to  agreement,  might  in  practice  be  a  union  shop,  a  mixed-shop 
or  even  a  non-union  shop.  The  closed  shop  would,  of  course, 
be  a  union  shop,  but  the  union  shop  might  be  either  closed  or 
open." 

The  Definitions  do  Not  Define.  —  With  these  statements  it 
will  be  clear  that  in  current  discussion  the  open  shop  is  one  open 
by  the  employer  to  the  employment  of  anyone  whom  he  may 
choose  to  hire.  The  closed  shop  is  one  which  the  unions  have 
by  the  force  of  their  organization  closed  to  the  employment  of 
non-union  men.  The  union  shop  is  one  in  which,  by  mutual 
agreement  and  interest,  unionists  are  preferred  above  non- 
union workmen. 

Even  so  simple  a  terminology  does  not  clear  up  much  of  the 


272     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

issue.  Instead,  it  perhaps  confuses  some  phases  of  it.  In  this 
connection  it  must  be  noticed  that  the  employers  in  presenting 
their  side  of  the  question  have  very  clearly  outmaneuvered  the 
workingmen  in  the  choice  of  terms.  The  unions  have  usually 
had  the  advantage  of  public  sympathy,  aroused  to  no  small 
degree  by  the  terms  used.  Such  words  as  liberty,  freedom, 
Americanism  always  have  an  appealing  force.  In  this  contro- 
versy the  employers  have  seized  upon  these  words.  "The  closed 
shop  is  Un-American ! "  This  is  a  moving  statement.  "  The  open 
shop  preserves  the  liberties  of  the  American  workman!"  This 
is  also  appealing.  In  defending  the  open-shop  policy  a  well- 
known  employer  proclaims  boldly:  "We  will  stand  up  for  stal- 
wart Americanism  wherever  we  see  it.  When  we  do  not  see  it  we 
will  endeavor  to  create  it."  Bascom  emphasizes  this  when  he 
says  that  the  words  open  and  closed  "cast  a  deceptive  light  on 
the  controversy  between  labor  and  capital."  They  suggest 
"liberty"  versus  "tyranny."  "If  we  substitute  for  them  the 
far  more  descriptive  phrase,  'an  unorganized  as  opposed  to  an 
organized  shop,'  the  illusion  disappears  and  we  are  thrown  back 
on  the  old  problem." 

Employers'  Description  of  Situation.  —  The  deception  is  fur- 
ther revealed  if  some  evidence  is  introduced  as  to  the  real  con- 
ditions that  prevail  under  cover  of  these  various  terms.  To 
allow  the  employer  to  tell  his  story  we  learn  the  real  situation  as 
he  sees  it.  Before  the  Industrial  Relations  Commission  an  em- 
ployer active  in  his  insistence  upon  the  open  shop  referred  to  the 
"  free,  unfettered,  non-union  worker  "  in  glowing  terms.  "  Every 
employee  has  a  right  to  be  free  to  work  when  he  will,  for  any 
employer  and  for  such  a  wage  as  the  two,  standing  face  to  face, 
may  agree  upon.  The  independent,  non-union  workman  does 
not  strike  or  boycott.  He  goes  willingly  to  his  work,  and,  free 
from  interference,  earns  more  than  the  union  worker.  Such  a 
man  is  a  good  worker,  a  good  citizen,  and  a  true  son  of  the 
Republic." 

The  employers  have  no  doubts  in  their  own  minds  as  to  what 
will  be  the  inevitable  outcome  of  allowing  the  union  men  to  have 
any  influence  over  the  selecting  of  the  workmen.  It  means  in 
the  end  a  closed  shop.  They  charge  the  union  men  with  bad 
faith  in  carrying  out  any  understanding  that  may  have  been 
reached.    The  beginning  of  the  difficulty,  as  it  is  pointed  out, 


THE  CLOSED  SHOP  273 

is  in  the  tacit  recognition  of  the  union  with  the  admission  of  the 
union  men  to  employment.  These  men  have  their  officers  who 
represent  them  in  making  the  wage  bargain.  They  become 
spokesmen  for  the  men  when  differences  arise.  Even  when  the 
situation  develops  no  further  than  this,  the  non-union  men  be- 
come dissatisfied  if  not  discouraged.  Many  of  them  do  not 
stay.  But  developments  go  further  than  this.  The  union  men 
become  active  in  adopting  policies  and  attitudes  toward  their 
rivals  that  in  the  end  force  the  non-union  men  to  leave.  They 
are  practically  driven  out  as  the  result  of  the  treatment  that  they 
receive  from  their  fellow  workmen.  In  cases  where  there  may 
be  no  open  violence,  there  are  petty  annoyances,  minor  per- 
secutions and  social  ostracism  that  after  a  while  make  life  so 
miserable  that  the  men  are  glad  to  escape  to  a  new  job.  The 
impression  of  the  employer  is  very  distinct  that  a  shop  cannot 
remain  "open"  if  there  is  any  considerable  proportion  of  union 
men  in  his  employ,  especially  if  these  men  are  of  the  aggressive 
type.  It  may  be  summed  up  in  the  words  of  a  representative 
employer:  "From  my  experience  in  manufacturing,  I  believe 
there  is  practically  no  difference  between  the  closed  shop  and 
the  nominally  open  shop.  The  non-union  man  stands  no  show 
in  the  nominally  open  shop." 

A  Representative  Employer.  —  Stated  somewhat  at  length, 
as  it  was  elaborated  in  the  American  Economic  Association  dis- 
cussion of  1904,  the  opinion  of  a  representative  employer  runs  as 
follows: 

"The  open  shop,  open  to  both  classes  of  employees,  is  essen- 
tially and  practically  unstable.  As  usually  found  to-day  (the 
so-called  open  shop)  means,  in  the  end,  unless  organized  labor 
is  met  with  an  equally  well  organized  and  powerful  em- 
ployers' association,  a  'closed  shop.'  The  chief  reason  for 
this  condition  seems  to  arise  from  the  inability  or  unwilling- 
ness of  union  men  to  abide  by  the  implied  contract  which 
exists,  or  should  exist,  in  such  a  shop,  the  terms  of  which 
are  that  the  employer  shall  make  no  discrimination  between 
union  and  non-union  men;  shall  impose  no  objection  to  the 
men  joining  the  union  and  shall  in  no  way  interfere  with  the 
reasonable  exercise  of  the  functions  of  the  union  or  its  officers, 
and  that  the  union  or  union  men  shall  do  nothing  to  in  any  way 
interfere  with,  or  restrict,  the  free  initiative  of  the  non-union 


274    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

man.  There  is,  no  doubt,  ground  for  argument  that  certain  em- 
ployers fail  equally  in  their  recognition  and  observance  of  this 
contract.  In  the  so-called  open  shop  a  most  important  difficulty 
appears  to  be  that  it  tacitly  admits  union  men  and  that,  to  a 
certain  extent,  recognition  is  thereby  given  the  union  and  union 
officers  who  become  spokesmen  for  the  men  in  the  case  of  mis- 
understandings which  may  arise.  .  .  .  Even  though  no  more 
'recognition'  is  accorded  than  at  first  suggested,  the  effect  upon 
the  non-union  man  is  discouraging,  and  the  actual  results  are 
that  in  an  open  shop,  as  is  usually  found  where  the  unions  are 
even  fairly  well  represented,  the  non-union  man  does  not  stay. 
An  employer  writes:  'From  my  experience  in  manufacturing  in 
Chicago,  I  believe  there  is  practically  no  difference  between  the 
closed  shop  and  nominally  open  shop.  The  non-union  man 
stands  no  show  in  the  nominally  open  shop.  His  life  is  made  so 
miserable,  if  not  by  violence,  by  small  annoying  persecutions 
and  by  social  ostracism  that  he  will  not  stay.  This  class  of  per- 
secution is  so  skillfully  carried  out  that,  in  the  majority  of  cases, 
the  employer  cannot  locate  or  prevent  it.  The  agreement  idea 
is  utterly  worthless.  So  long  as  the  agreement  operates  in  favor 
of  the  union,  everything  goes  along  smoothly,  but  the  moment 
an  attempt  is  made  to  construe  any  question  so  as  to  give  the 
manufacturer  protection,  the  union  official  at  once  says  that  he 
cannot  control  his  men.  The  only  way  a  manufacturer  can 
secure  his  rights  under  an  agreement  is  by  facing  a  strike.  A 
strike  may  not  come;  it  is  an  ever  present  possibility,  and  the 
employer,  nine  times  out  of  ten,  will  put  up  with  rank  injustice 
rather  than  take  the  risk.  The  ideal  condition  would  be  the 
open  shop  where  union  and  non-union  men  could  work  peace- 
ably and  pleasantly  side  by  side.  There  is  no  question  but  that 
a  great  many  skilled  workmen  belong  to  the  union  and  it  would 
be  most  desirable  to  be  able  to  draw  from  that  body  without 
feeling  practically  certain  that  it  would  lead,  sooner  or  later,  to  a 
closed  shop.  While  in  any  well  regulated,  fairly  well  managed 
shop,  union  men  and  non-union  men  can  work  amicably  side  by 
side,  if  let  alone,  the  moment  there  comes  a  preponderance  of 
union  men,  the  pressure  of  union  officers  is  so  great  that  the  old 
story  of  persecution  and  annoyance  begins.  I  am  a  firm  believer 
in  grievances  of  any  kind  among  the  men  being  listened  to, 
corrected  promptly  and  fairly,  and  in  the  vast  majority  of  shops 


THE  CLOSED  SHOP  275 

I  have  no  doubt  that  this  would  always  be  done.  The  trouble 
comes  from  a  grievance  that  is  manufactured  outside  of  your  shop 
and  is  forced  upon  the  men  against  their  will  by  leaders  who  have 
to  make  a  showing  of  some  kind  in  order  to  hold  their  positions. 
I  can  conceive  of  ideal  conditions  with  the  union,  officered  by 
intelligent,  conservative  and  honest  leaders,  when  the  terrible 
annoyances  that  now  exist  would  be  done  away  with,  but  the 
time  certainly  has  not  come  for  this  yet.'" 

Unionists'  Description  of  Situation.  —  When  the  union  man 
speaks,  a  very  different  situation  is  revealed.  As  they  see  it, 
it  is  the  employer  that  does  not  act  in  good  faith.  It  is  frequent 
among  open  shop  rules  to  find  the  assertion  that  there  shall  be 
no  discrimination  for  or  against  any  workman  on  account  of 
membership  or  non-membership  in  any  organization.  The  em- 
ployer is  to  have  full  power  to  hire  or  discharge  as  he  sees  fit; 
membership  in  a  labor  union  to  have  no  influence  in  either 
hiring  or  discharging.  The  unionist  charges  the  employer  with 
ignoring  such  agreements.  "The  employers  promised  not  to 
discriminate,  but  they  had  no  sooner  begun  to  adopt  the  open 
shop  than  we  saw  the  wholesale  discharge  of  union  men." 

Employers  declare  openly  that  they  must  deal  with  the  work- 
man individually  without  giving  reasons  for  what  they  may  do 
and  restrained  by  no  conditions.  This  would  pave  the  way  for 
doing  what  the  unionists  charge.  Another  employer  is  frank 
enough  to  say:  "When  unions  are  weak  I  would  make  individual 
contracts  with  non-unionists  who  were  often  willing  to  start  at 
almost  any  wage.  I  can  then  play  these  men  against  the  union, 
eventually  break  the  contract,  and  defy  the  union.  If  the  union 
would  permit  us  to  employ  non-union  men  we  would  do  so,  and 
the  union  could  demand  anything  it  chose.  It  could  demand 
ten  dollars  a  day  if  it  wanted  to.  A  year  or  so  ago  ...  I  had 
297  union  men.  I  have  succeeded  in  eliminating  all  but  six,  and 
I  hope  before  long  to  have,  not  an  open  shop,  but  a  closed  shop  — 
closed  to  the  union." 

In  one  instance  there  had  been  formed  The  Merchants', 
Manufacturers'  and  Employers'  Association  which  began  to 
use  its  organized  influence  against  the  growing  strength  of 
the  unions.  This  they  were  to  accomplish  by  the  establishment 
of  the  open  shop.  All  employees  were  to  be  dealt  with  as  indi- 
viduals.   No  employee  was  to  be  dealt  with  through  a  union 


276    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

official,  though  any  man  might  belong  to  a  union  if  he  so  desired. 
This  situation  appeared  to  the  editor  of  a  labor  paper  as  so 
inconsistent  that  the  wording  of  a  part  of  the  article  can  best 
set  forth  his  idea.  "This  open  shop,"  he  writes,  "is  closed 
absolutely  to  the  unions.  It  is  not  closed  to  the  individuals 
who  individually  belong  to  the  unions,  but  it  is  closed  to  their 
unionism,  and  it  is  closed  to  them  except  in  their  individual 
and  therefore  non-union  capacity.  And  this  prohibition  of 
collective  bargaining  to  the  wage  earners  is  enforced  by  a  col- 
lective bargain  of  the  wage  payers.  This  denial  of  organization 
is  made  by  an  organization.  This  demand  that  the  workmen 
make  each  his  separate  bargain  is  made  by  employers  who  have 
first  bound  themselves  and  each  other  to  a  collective  bargain. 
The  one  class  organizes  to  prevent  the  other  class  from  organ- 
izing —  or  from  being  dealt  with  as  an  organization,  if  it  does. 
And  the  class  organization  of  the  employers  appoints  its  agents 
to  refuse  to  receive  any  agents  of  the  employees,  and  to  deal 
with  them  only  separately,  without  agents.  Unions  can  do 
anything  but  function." 

To  sum  the  matter  up:  The  employer  says  that  unless  the 
unions  concede  the  open  shop  it  will  mean  their  destruction. 
The  unionist  says  that  if  they  do  concede  the  open  shop  union- 
ism is  doomed. 

Necessary  Qualifications :  Suspicion.  —  Neither  of  these 
groups  of  statements  must  be  taken  as  universally  or  even 
generally  true.  There  are  employers  who  live  up  scrupulously 
to  their  shop  agreements.  Likewise  there  are  unions  that 
strictly  observe  the  terms  of  their  contract  and  are  conspicuously 
fair  to  the  non-members.  Yes,  says  the  employer,  they  are 
fair  because  temporarily  it  is  to  their  advantage.  Let  conditions 
become  less  favorable  and  it  will  be  seen  how  sincere  they  are. 
So  the  employee  says  of  the  employer.  They  may  observe 
scrupulously  the  agreement  not  to  discriminate,  but  let  it  ap- 
pear that  there  is  any  advantage  to  result  from  a  less  scrupulous 
observance  and  there  will  be  a  change.  This  is  one  of  the  es- 
sential points  involved.  There  is  mutual  suspicion.  Each  side 
is  confident  that  it  is  entirely  in  the  right  and  cannot  bring 
itself  to  believe  that  there  is  any  genuine  sincerity  in  the  opposite 
camp.  No  broad  statement  can  be  made  that  will  be  univer- 
sally true,  in  regard  to  the  various  charges  and  counter-charges. 


THE  CLOSED  SHOP  277 

They  all  have  at  best  but  limited  application.  Yet  there  is 
much  ground  for  believing  that  in  the  hands  of  an  employer 
with  determination  and  a  self-interest  to  serve  an  open  shop 
need  have  no  union  men  at  all  in  it.  It  is  fittingly  expressed 
in  the  summary  statement,  "An  open  shop  can  only  mean  one 
in  which  those  who  enter  and  those  who  leave  do  so  at  the 
suggestion  of  the  employer.  Its  freedom  is  the  freedom  of 
the  man  who  keeps  it." 

Likewise  it  is  beyond  question  that  in  well-authenticated 
instances  a  well-organized  union  has  succeeded  in  driving  away 
all  workmen  who  were  not  members.  This  in  turn  makes  it 
a  shop  in  which  those  who  enter  and  those  who  leave  do  so  at 
the  suggestion  of  the  union  officials.  Its  freedom  becomes  the 
freedom  of  the  union  men  who  work  in  it. 

Employers'  Words  and  Deeds.  —  The  statements  made  by 
many  employers  when  set  down  beside  their  acts  tend  to  reenforce 
the  suspicions  of  the  workmen.  It  is  not  always  clear  whether 
the  employer  is  entirely  sincere  in  what  he  says.  Either  he  is 
sincerely  interested  in  the  personal  rights  of  the  employee  and 
genuinely  believes  that  it  is  his  duty  to  protect  them,  or  he 
uses  the  expressions  that  carry  such  a  defense  as  a  cloak  to 
conceal  the  working  out  of  his  own  business  interests.  When 
it  is  the  one  and  when  the  other,  it  is  by  no  means  easy  to  say. 
Very  plausible  language  is  sometimes  used  that  carries  much 
weight  until  placed  side  by  side  with  the  actions  of  the  user. 
"We  must  recognize  the  good  which  is  in  labor  unions  as  well 
as  the  evil, "  writes  a  leading  employer.  "We  must  not  condemn 
all  the  labor  unions  for  the  offences  of  some  of  them."  "The 
employer,"  he  adds,  "who  would  like  to  strike  down  all  the 
labor  unions  indiscriminately  is  blind  to  his  own  interests  as 
well  as  faithless  to  his  duty  to  the  general  public."  This  em- 
ployer was  at  the  time  president  of  the  National  Association 
of  Manufacturers  and  the  Industrial  Alliance,  the  latter  as- 
sociation especially  known  in  union  circles  as  a  most  uncom- 
promising  foe   of   organized   labor. 

Before  the  Industrial  Relations  Commission  an  employer 
who  is  one  of  the  most  rhetorical  advocates  of  the  open  shop 
as  well  as  one  of  the  most  strenuous  fighters  for  it,  was  asked 
about  discriminations  and  grievances  arising  because  of  them 
in  his  shop.     He  replied  that  committees  of  workmen  were 


278    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

allowed  in  his  open  shop.  "If  the  men  make  out  a  good  case, 
we  try  to  redress  it.  If  it  is  a  poor  case,  we  try  to  argue  them 
out  of  it."  On  being  asked  who  makes  the  final  decision  as  to 
whether  the  case  is  a  good  one,  he  replied,  "We  decide."  Some 
of  his  questioners  expressed  a  doubt  as  to  whether  the  workers 
were  properly  safeguarded  under  such  a  system.  There  were  no 
such  doubts  in  the  mind  of  the  witness.  "Why,"  he  replied, 
"the  interests  of  both  sides  are  safeguarded,  aren't  they?  If 
the  employee  doesn't  like  the  adjustment,  he  can  quit." 

Importance  of  "  Principle."  —  It  should  not  be  inferred  that 
the  employers  are  always  openly  insincere.    The  difficulty  lies 
deeper  than  that.    The  error  lies  in  his  supposition  that  there 
is  a  "principle"  involved,  a  fundamental  obligation  that  he 
owes  in  the  name  of  society  to  the  man  who  seeks  work  but 
does  not  join  a  union.    He  does  not  think  the  thing  through. 
His  own  business  interests,  his  own  profits,  must  be  protected. 
A  union  leader  has  tersely  expressed  this  truth  in  the  following 
words,  applicable  alike  to  both  parties:  "What  is  called  'prin- 
ciple' is  sometimes  another  name  for  'self-interest.'     When 
the  employer  proclaims  the  open  shop  as  a  principle,  it  is  often 
not  so  much  the  ethical  question  involved  that  he  has  in  mind, 
as  the  opportunity  it  gives  him  for  increasing  his  profits;  and  it 
must  be  confessed  that,  when  workmen  raise  the  question  of 
the  closed  shop,  what  they  have  usually  in  view  is  the  means  it 
affords  them  to  increase  wages.    The  principle  at  issue,  there- 
fore, is  mostly  a  matter  of  larger  profits  and  higher  wages, 
but  it  is  discussed,  on  either  side,  as  though  it  involved  some- 
thing divine.    When  the  employer  finds  that  he  is  able  to  enforce 
the  open  shop,  he  suddenly  becomes  aware  that  there  is  a  'prin- 
ciple' at  stake,  and  that  if  he  were  to  recognize  the  closed  shop 
his  business  would  become  subordinate  to  the  union.    Likewise, 
unionists  discover,  when  able  to  enforce  their  demands,  that 
if  they  were  to  tolerate  the  open  shop  it  would  lead  to  the  union's 
destruction.  ...  By  repeatedly  asserting  a  proposition   as  a 
principle,  one  may  become  so  imbued  with  its  ethical  impor- 
tance as  to  be  confident  that  unless  it  be  acquiesced  in  dire 
consequences  must  follow.     This  is  the  habit  of  mind  that 
both  employers  and  workmen  are  rapidly  getting  into  over 
the  controversy." 
Opposition  to  Unionism.  —  To  many  employers  their  opposi- 


THE  CLOSED  SHOP  279 

tion  to  the  closed  shop  lies  not  alone  in  the  objection  to  elimi- 
nating the  non-union  man.  It  goes  further  into  opposition  to 
unionism  itself.  To  them  arguments  against  the  closed  shop 
include  all  the  charges  that  are  to  be  brought  against  unionism. 
To  such  employers  the  demand  for  the  closed  shop  presents 
an  array  of  dangers  that  becomes  to  him  very  formidable.  The 
platform  of  the  National  Association  of  Manufacturers  calls, 
as  a  first  issue,  for  the  open  shop,  followed  by  the  demand  for 
no  boycott,  no  sympathetic  strike,  no  sacrifice  of  the  independent 
workman  to  the  labor  union,  no  compulsory  use  of  the  union 
label.  At  its  1915  convention  it  endorsed  the  following  resolu- 
tion: "Resolved  that  the  N.  A.  M.  in  convention  assembled 
does  again  reaffirm  its  condemnation  and  opposition  to  the 
closed  shop  and  of  every  form  of  closed  shop  agreement  and 
that  we  again  pledge  our  unalterable  adherence  to  the  principle 
of  industrial  freedom  as  exemplified  by  the  open  shop." 

In  an  agreement  made  in  1903  between  the  Bridge  and  Struc- 
tural Iron  Workers  and  two  organizations  of  employers,  the 
National  Association  of  Manufacturers  and  the  Structural 
Steel  Erectors'  Association,  it  was  required  of  the  workman 
that  there  should  be  no  union  control  over  the  appointment 
or  the  work  of  the  foremen;  no  sympathetic  strike;  no  outside 
persons  to  interfere  with  workmen  during  working  hours;  that 
the  employer  should  have  full  power  to  hire  or  discharge  as 
he  should  see  fit;  membership  in  a  labor  union  to  have  no  influ- 
ence in  either  hiring  or  discharging;  that  there  should  be  no 
interference  with  laborers  while  loading  or  unloading  materials; 
and  that  employees  were  to  be  at  liberty  to  cease  work  at  any 
time. 

Unionists'  Defense  of  Closed  Shop.  —  To  all  of  these  va- 
rious charges  against  unionism  the  leaders  reply  briefly  but  posi- 
tively —  not  so.  But  their  attitude  is  not  solely  one  of  denial  of 
false  charges.  The  unionist  has  a  positive  defense  for  his  closed- 
shop  policy  that  is  to  him  both  clear  and  convincing.  It  rests 
upon  the  same  general  propositions  that  he  relies  upon  for  all 
his  defenses.  It  is  a  part  of  union  policy  and,  as  a  means  to 
an  end,  is  justifiable.  It  is  a  device.  As  the  employer  so  openly 
poses  as  the  friend  of  the  non-union  laborer,  so  the  unionist 
insists  that  he  is  "fighting  the  battles  of  all  labor."  The  la- 
borer who  does  not  join  the  union  places  himself  in  a  situation 


280    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

where  the  employer  is  able  to  exploit  him.  Unless  organization 
is  maintained  all  labor  is  liable  to  exploitation.  The  interests 
of  the  laborers  are  the  aims  of  the  unions,  and  those  who  join 
secure  benefits  not  only  to  themselves  but  to  all  laborers.  While 
the  persistence  of  many  in  remaining  outside  the  ranks  of  the 
unionists  appears  to  be  the  exercise  of  a  personal  right,  yet 
the  earnest  unionist  cannot  admit  the  right  of  any  of  them  to 
place  personal  interest  above  the  group  welfare.  So  aggravated 
do  they  become  that  they  often  express  sentiments  that  do  not 
reveal  a  very  tender  feeling  toward  the  non-union  man.  Yet  no 
one  can  be  justified  in  supposing  that  the  advocacy  of  the  closed 
shop  is  merely  an  unreasoned  prejudice  against  the  non-unionist. 
If  the  non-unionist  cannot  see  his  own  needs  then  he  should 
be  made  to  see  them  and  labor  should  be  denied  to  him  until 
he  can  see  himself  as  having  interests  with  all  laborers.  This 
seems  very  rational  to  the  man  who  sees  "labor's  cause" 
clearly. 

Placing  the  matter  upon  the  clear  grounds  of  competition, 
President  Gompers  argues  that  the  union  man  does  not  deny 
the  non-union  man  the  right  to  work.  He  does,  however,  seek 
contracts  to  supply  the  employer  with  labor  wherever  it  is 
possible.  This  is  based  on  the  belief  that  in  the  long  run  the 
best  interests  of  all  laborers  are  served  in  this  way.  "We  hold, " 
it  is  argued,  "that  it  is  morally  wrong  under  modern  conditions 
for  a  man  to  remain  outside  the  union  in  his  trade.  If  he  does 
so  it  is  his  legal  right,  but  the  union  should  have  the  right  to 
treat  him  as  a  competitor." 

Teaching  of  Experience.  —  Again,  experience  has  convinced 
many  leaders  that  the  only  alternative  to  what  the  unions 
ask,  a  shop  closed  to  the  non-unionist,  is  in  practice  a  shop 
closed  to  the  unionist.  When  they  make  up  their  minds  to 
this,  their  course  is  clear;  the  shops  must  be  closed  by  them 
rather  than  to  them.  Somewhat  rhetorically  the  President 
of  the  American  Federation  of  Labor  declares:  "As  the  immortal 
Lincoln  said,  'This  country  cannot  long  remain  half  free  and 
half  slave,'  so  say  we  that  any  establishment  cannot  long  remain 
or  be  successfully  operated  part  union  and  part  non-union." 

In  much  the  same  line  it  is  urged  that  in  view  of  the  long 
fight  that  labor  has  had  in  establishing  union  standards  of 
wages  and  hours  of  labor  it  must  be  insisted,  "  that  if  the  hours 


THE  CLOSED  SHOP  281 

of  labor  are  eight  and  the  wages  are  two  dollars  a  day,  no  one 
should  be  allowed,  if  we  can  help  it  without  violence,  to  sell 
his  labor  below  the  scale  or  agree  to  work  longer." 

Estimate  of  Opposing  Opinions  and  Policies.  —  In  such  a 
complex  situation  with  so  divergent  and  conflicting  views,  the 
truth  cannot  be  found  at  either  extreme.  If  the  unionists  are 
seeking  to  close  all  workshops  to  non-members  of  their  unions  for 
the  purpose  of  dictating  absolutely  to  the  employers  and  domi- 
nating the  industry  through  a  monopoly  advantage,  seeking  al- 
ways and  solely  their  own  interests  as  laborers,  then  there  can  be 
no  two  views  about  it.  They  are  wrong.  Such  a  policy  cannot 
be  tolerated  consistently  with  social  welfare.  And  if,  on  the 
other  hand,  employers  are  seeking  to  close  all  shops  to  unionists, 
so  that  they,  in  fact,  can  dictate  absolutely  to  the  employees 
and  dominate  the  labor  market,  making  it  "favorable"  to 
themselves,  again  there  can  be  no  two  views  about  such  a  sit- 
uation. The  employers  are  wrong.  Society  cannot  tolerate 
such  a  policy  with  any  degree  of  safety  to  itself.  The  policy 
of  "union  smashing"  is  as  anti-social  and  as  Un-American  as 
the  policy  of  which  the  unions  are  accused.  When  each  side 
sees  so  clearly  the  evil  in  the  position  of  the  other  and  yet  denies 
so  stoutly  that  its  own  position  is  wrong,  the  truth  cannot 
lie  with  either. 

It  must  be  emphasized  that  there  is  no  general  proposition 
to  be  laid  down  as  a  practical  working  rule.  In  some  instances 
there  is  one  set  of  forces  that  seem  to  control  and  in  other  cases 
other  factors  dominate.  In  different  trades  developments  have 
been  different.  There  are  trades  in  which  it  would  be  held 
disgraceful  for  a  man  to  ask  for  employment  for  himself.  The 
Industrial  Commission  says  that  among  hatters  a  man  looking 
for  employment  must  approach  a  journeyman  who  is  already 
employed,  and  be  introduced  by  him  to  the  foreman  as  a  man 
of  the  trade  "on  turn"  and  desiring  to  be  "shopped."  This 
is  an  ancient  custom,  antedating  any  general  organization  of 
the  hatters;  but  it  is  sanctioned  by  the  existing  union,  and  any 
foreman  who  hires  a  man  in  violation  of  it  is  liable  to  a  fine  of 
twenty-five  dollars.  There  are  other  trades,  however,  in  which 
it  would  be  regarded  as  unmanly  to  seek  employment  through 
another  instead  of  asking  for  it  oneself. 

Conflicting  Experiences.  —  In  some  of  these  instances  an  un- 


282    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

derstanding  has  been  reached  that  appears  to  be  satisfactory 
to  both  sides.  Such  an  adjustment  need  not  be  called  to  ques- 
tion. When  either  side  gains  any  marked  advantage  and  begins 
selfishly  to  exploit  it  a  reaction  immediately  setsin.  The  steel 
workers  were  taught  a  severe  lesson  when  they  sought  to  domi- 
nate the  steel  mills  of  the  country,  as  one  may  learn  from  Fitch's 
account  in  The  Steel  Workers.  The  employers  in  this  industry, 
now  in  full  control  of  their  labor,  may  wisely  profit  by  the 
warning  that  is  sounded  in  this  same  story  by  Mr.  Fitch.  There 
is  reason  in  the  statement  made  by  one  of  the  most  farsighted 
leaders  when  he  says:  "The  management  of  most  of  the  non- 
union plants  to-day  are  unwittingly  doing  their  best  to  force 
their  employees  into  the  unions.  The  conditions  in  these  places 
are  usually  a  ten-hour  day,  wages  slightly  lower  than  the  union 
scale,  time  and  a  quarter  for  overtime,  and  straight  time  for 
Sundays  and  holidays.  These  conditions  alone  furnish  the 
organizers  with  all  the  necessary  ammunition." 

On  the  other  hand,  there  is  the  experience,  by  no  means  ex- 
ceptional, of  the  employer  who  has  recognized  the  reasonable- 
ness of  union  control  and  does  not  seek  to  root  it  out.  Some 
of  these  have  discovered  that  the  labor  question  is  really  less 
troublesome  under  the  organized  shop  than  when  it  is  unor- 
ganized. In  the  former  the  men  have  become  confident  that 
the  employer  is  not  going  to  take  advantage  of  them,  and  so 
the  leaders  join  him  in  holding  the  men  in  line  with  proper 
standards.  In  such  a  situation  it  has  developed  that  the  con- 
tinual fighting  of  the  employer,  so  common  in  the  unorganized 
shop,  has  given  way  to  steady  cooperation.  This  may  be  ex- 
plained as  growing  out  of  the  fact  that  the  men  know  that 
the  dismissal  of  one  union  man  will  be  followed  by  the  employ- 
ment of  another.  Consequently  they  do  not  inquire  so  carefully 
into  the  reasons  as  they  would  if  they  believed  that  a  dismissal 
of  a  union  man  would  mean  the  employment  of  a  non-union 
man  in  his  place. 

John  Mitchell  with  his  clear  insight  into  the  various  phases 
of  the  labor  movement  views  the  situation  with  confidence 
so  far  as  the  future  is  concerned.  "With  the  rapid  extension 
of  trade  unions,"  he  says,  "the  tendency  is  toward  the  growth 
of  compulsory  membership  in  them,  and  the  time  will  doubtless 
come  when  this  compulsion  will  be  as  general  and  will  be  con- 


THE  CLOSED  SHOP  283 

sidered  as  little  of  a  grievance  as  the  compulsory  attendance 
of  children  at  school." 

Conflicting  Principles :  One  View.  —  It  has  been  said  that 
the  issues  cannot  be  determined  on  a  basis  of  any  broadly  stated 
universal  principle.  Nor  are  the  issues  the  same  regardless  of 
industry,  trade,  or  locality.  Yet  it  must  not  be  understood 
that  no  fundamental  tests  are  to  be  used  at  all.  Here  two 
somewhat  antagonistic  principles  appear.  The  first  may  be 
expressed  by  reference  to  a  leading  authority.  Carroll  D. 
Wright  in  arbitrating  an  agreement  in  the  anthracite  coal  indus- 
try declared:  "There  can  be  no  doubt  that  the  employer  has  a 
perfect  right  to  employ  and  discharge  men  in  accordance  with 
the  conditions  of  his  industry;  that  he  is  not  obliged  to  give 
any  cause  for  discharge.  .  .  .  This  right  to  discharge  must 
be  maintained.  Any  other  view  of  the  case  .  .  .  would  compel 
employers  to  employ  men  whether  they  had  work  for  them  or 
not,  and  whether  the  men  were  competent  or  not,  and  would 
thus  stagnate  business  and  work  to  the  injury  of  all  other  em- 
ployers." 

In  accord  with  this  same  view,  Section  LX  of  the  award  of 
the  Anthracite  Coal  Strike  Commission  read,  "no  person  shall  be 
refused  employment,  or  in  any  way  discriminated  against,  on 
account  of  membership  or  non-membership  in  any  labor  organi- 
zation; and  there  shall  be  no  discrimination  against,  or  inter- 
ference with,  an  employee  who  is  not  a  member  of  any  labor 
organization  by  members  of  such  organization."  Such  expres- 
sions seek  to  adjust  the  issues  on  the  basis  of  an  individualistic 
philosophy.     It  has  a  familiar  sound  and  an  appealing  force. 

Another  View. —  Opposed  to  it  are  the  views  of  others  equally 
sincere  and  equally  disinterested.  Mr.  John  Graham  Brooks 
voices  them  in  the  following  terms:  "Employers  are  going  to  the 
tilt  in  the  name  of  'liberty,'  but  organization  on  both  sides  has 
introduced  something  so  like  a  revolution  that  the  truth  is,  we 
do  not  know  what  liberty  means  as  applied  to  the  new  situation. 
It  has  still,  in  its  applications,  very  largely  to  be  worked  out. 
If,  for  example,  the  closed  shop  brought  about  without  any 
violence  and  with  the  consent  of  the  employer,  as  in  some  of  the 
cigar  factories,  results  in  a  good  living  wage  with  eight  hours  and 
improved  conditions,  and  the  entire  exclusion  of  children;  while 
outside  the  union  there  rages  a  destructive  competition  and  many 


284    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

children  employed,  is  it  not  grotesque  to  make  words  like  liberty 
and  Americanism  synonymous  with  that  kind  of  haphazard 
competition?  Liberty  is  not  adequately  denned  in  terms  of  the 
employers'  pecuniary  interest.  It  also  has  social  connotations 
which  we  are  only  beginning  to  learn." 

Professor  Seligman  emphasized  this  principle  by  making  it  the 
theme  of  a  Presidential  Address  before  the  American  Economic 
Association  in  1903.  In  reply  to  possible  objections  against 
reiterating  this  "thrice  told  tale"  he  insists  that  we  are  wrong 
in  that  "we  grasp  the  form  but  not  the  substance.  We  think 
that  we  appreciate  the  social  basis  of  economic  law,  but  in  reality 
our  appreciation  is  fragmentary.  We  do  the  theory  lip-service 
but  not  brain  homage." 

Speaking  directly  to  the  trade-union  problem  and  the  open 
shop,  he  said: 

"While  there  is  indeed  only  too  much  truth  in  the  contention 
that  many  of  our  unions  are  steering  perilously  close  to  the  rocks 
of  monopoly  and  extortion,  the  problem  cannot  be  solved  simply 
by  emphasizing  the  right  of  the  individual  laborer.  The  right 
of  the  individual  to  work  is,  indeed,  as  Turgot  told  us  over  a  cen- 
tury ago,  a  sacred  and  imprescriptible  right;  but  the  conditions 
under  which  this  right  is  to  be  exercised  are  by  no  means  a  matter 
of  mere  individual  discretion  and  of  social  unconcern.  We  are  be- 
ginning to  see  that  the  securest  guarantee  of  liberty  is  the  social 
sanction  —  that  true  and  permanent  freedom  is  at  bottom  an 
outgrowth  of  the  social  forces,  and  that  individual  bargaining  re- 
sults in  a  mere  empty  husk  of  freedom.  Liberty  —  to  quote 
Carlyle  again  —  is  a  divine  thing;  the  liberty  to  die  by  starvation 
is  not  so  divine.  If  this  is  true,  then  the  real  sacredness  and 
imprescriptibility  attach  to  that  wise  and  collective  action  which 
will  secure  a  higher  and  more  effective  liberty  for  the  members  of 
the  group,  and  which  it  goes  without  saying  must  be  so  devised 
as  not  to  close  the  door  of  opportunity  to  either  the  unfortunate 
or  the  peculiarly  gifted.  To  magnify  the  individual  at  the  ex- 
pense of  the  social  group  is  to  close  our  eyes  to  the  real  forces 
that  have  elaborated  modern  liberty  and  modern  democracy,  not 
in  the  backwoods  of  a  frontier  community  but  in  the  busy  marts 
of  commerce  and  the  complex  home  of  industry." 

These  two  sets  of  views,  each  expressed  by  recognized  au- 
thority, cannot  easily  be  set  aside.     Yet  it  is  not  easy  to  recon- 


THE  CLOSED  SHOP  285 

cile  them.  Individual  interest  and  social  interest,  individual 
right  and  social  right,  are  not  in  all  cases  the  same  thing.  They 
often  are  in  conflict.  In  this  particular  case,  the  antagonism  is 
clear.  There  are  three  cases  of  individual  rights,  those  of  the 
employer,  the  union  workman  and  the  non-union  man.  They 
are  in  conflict.  The  case  calls  for  an  adjustment.  The  rights 
must  be  modified,  and  the  modification  must  be  made  in  accord- 
ance with  some  correct  principle.  The  determination  of  this 
principle  lies  at  the  bottom  of  the  solution  of  this  practical 
difficulty. 

A  Determining  Factor.  —  Even  in  face  of  this  difference, 
there  is  a  determining  factor.  It  must  be  admitted  that  the  whole 
issue  is  really  one  of  means,  not  of  end.  Whether  or  not  shops 
should  be  organized,  thoroughly  unionized,  closed  to  all  who  are 
not  unionists,  depends  upon  the  purpose,  upon  the  relation  of 
this  fact  to  other  facts  of  the  union  movement.  It  is  so  directly 
referred  to  collective  bargaining  that  in  a  fuller  analysis  it  be- 
comes a  question  of  maintenance  of  this  collective  activity. 
This  is  discussed  more  fully  elsewhere  and  here  the  present 
topic  leads  so  directly  to  it  that  the  real  issue  loses  itself  in  the 
larger  question.  Professor  Ross  has  expressed  the  relation 
vividly  when  he  said:  "It  seems  to  me  so  important  that  the 
sellers  of  labor  should  equalize  themselves  in  bargaining  power 
with  the  buyers  of  labor  and  therewith  command  for  their  labor 
its  true  market  worth,  that  if  you  can  show  me  that  the  closed 
shop  is  essential  to  such  a  condition,  I  approve  of  the  closed 
shop.  ...  If  in  many  cases  and  in  many  trades  it  is  impossible 
for  labor  successfully  to  carry  through  the  collective  bargain 
principle  without  the  closed  shop,  as  it  seems  to  be,  what  hollow 
mockery  it  is  for  us  to  approve  the  purpose  of  labor  organizations 
and  yet  deny  them  the  use  of  the  only  legitimate  means  by  which 
they  can  fulfill  that  purpose." 


CHAPTER  XVII 
THE   CLOSED   SHOP  (Continued) 

LEGALITY   OF   CLOSED   SHOP 

What  shall  be  said  of  the  legality  of  the  closed  shop?  If  a 
contract  is  entered  into  between  an  employer  and  his  men 
agreeing  that  none  but  union  labor  shall  be  employed,  is 
that  contract  valid?  There  is  some  basis  for  a  conclusion 
on  this  question,  though  not  sufficient  to  make  such  conclusion 
final. 

In  a  closed-shop  contract  that  led  to  a  trial  in  the  Massachu- 
setts court  (Berry  vs.  Donovan,  74  N.  E.  603)  it  had  been  def- 
initely agreed  that  the  employer  would  hire  only  members  of  the 
union  in  good  standing  and  further  that  he  would  not  retain  in 
his  employ  any  worker  after  receiving  notice  from  the  union 
that  such  worker  was  objectionable  to  the  union,  whether  such 
objection  was  based  on  the  worker's  being  in  arrears  for  dues, 
disobedient  to  the  rules  or  laws  of  the  union,  or  for  any  other 
cause. 

In  accordance  with  this  agreement  a  workman  was  discharged 
who  had  been  in  this  employ  for  nearly  four  years.  He  brought 
suit  for  damages  on  the  ground  that  the  agreement  had  injured 
him  by  bringing  about  his  discharge  when  it  would  not  have 
occurred  otherwise.  While  the  term  of  employment  was  not 
for  a  fixed  time,  yet  it  appeared  to  the  court  that  the  agreement 
authorized  the  union  "  to  interfere  and  deprive  any  workman  of 
his  employment  for  no  reason  whatever,  in  the  arbitrary  exercise 
of  its  power."  With  these  two  points  in  mind  the  court  was  of 
the  opinion  that  "whatever  the  contracting  parties  may  do  if  no 
one  but  themselves  is  concerned,  it  is  evident  that,  as  against 
the  workman,  a  contract  of  this  kind  does  not  of  itself  justify 
interference  with  his  employment  by  a  third  person  who  made 
the  contract  with  his  employer."  It  seemed  that  the  motive  was 
one  to  injure  and  so  damages  were  awarded.     The  decision 

286 


THE  CLOSED   SHOP  287 

rested  solely  upon  the  fact  that  the  injured  person  had  been  in 
the  employment  for  about  four  years.  What  would  have  been 
the  law  of  the  case  if  it  had  been  brought  by  one  seeking  employ- 
ment and  unable  to  secure  it  because  of  the  agreement,  is  a  point 
that  is  not  discussed. 

In  the  New  York  courts  the  question  came  up  in  a  different 
form,  somewhat  more  satisfactory  for  the  discussion  of  the  gen- 
eral principles  involved.  The  parties  had  agreed  that  no  em- 
ployee should  be  allowed  to  work  for  longer  than  four  weeks 
without  becoming  a  member  of  the  union.  The  court  argued 
that  public  policy  and  the  interests  of  society  favor  the  utmost 
freedom  in  the  citizen  to  pursue  his  lawful  calling  or  trade.  If  a. 
combination  of  workingmen  interfered  with  the  fulfillment  of 
this  purpose  through  contracts  with  employers,  coercing  other 
workingmen  to  become  members  of  the  organization,  such 
action  militates  against  the  principle  of  public  policy  which 
prohibits  monopoly  and  special  privileges.  "It  would  tend  to 
deprive  the  public  of  the  services  of  men  in  useful  employments 
and  capacities.  It  would  impoverish  and  crush  a  citizen  for  no 
reason  connected  in  the  slightest  degree  with  the  advancement 
of  wages  or  the  maintenance  of  the  rate."  Concluding,  the  court 
says:  "While  it  may  be  true  that  the  contract  was  entered  into, 
on  the  part  of  the  (employers),  with  the  object  of  avoiding  dis- 
putes and  conflicts  with  the  workingmen's  organization,  that 
feature  and  such  an  intention  cannot  aid  the  defence,  nor  legalize 
a  plan  of  compelling  workingmen  not  in  affiliation  with  the  or- 
ganization to  join  it,  at  the  peril  of  being  deprived  of  their  em- 
ployment and  of  the  means  of  making  a  livelihood."  (Curran 
vs.  Galen,  46  N.  E.  297.) 

Later  another  case  came  to  the  same  court.  The  agreement 
was  a  very  elaborate  one,  as  will  be  seen  from  the  following 
abstract  taken  from  the  opinion  of  the  court  (Jacobs  vs.  Cohen, 
76  N.  E.  5):  "The  contract  is  in  substance  as  follows:  The 
defendants  were  the  party  of  the  first  part;  their  own  employees, 
'by  Barnard  Kaplan,  their  representative  and  attorney  in  fact,' 
party  of  the  second  part;  and  the  Protective  Coat  Tailors'  and 
Pressers'  Union,  Local  No.  55,  of  the  United  Garment  Workers 
of  America,  a  voluntary  association  organized  by  the  parties 
of  the  second  part,  acting  'through  Barnard  Kaplan,  its  secre- 
tary,' party  of  the  third  part.    It  consists  chiefly  of  restrictive 


288    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

stipulations  against  the  employers,  who  agree  to  employ  the 
persons  already  in  their  employment  .  .  .  each  in  his  own 
capacity  and  for  no  other  work  than  that  he  was  engaged  for,' 
during  the  period  of  one  year.  After  fixing  the  number  of 
working  hours  per  week,  it  was  agreed  that  '  under  no  circum- 
stances shall  work  be  carried  on  by  the  parties  of  the  first  and 
second  part  at  any  other  hours  than  herein  specified  without  a 
written  consent  of  the  party  of  the  third  part,  executed  by  its 
duly  authorized  officer.'  It  was  further  agreed  'that  the  party 
of  the  first  part  shall  not  employ  any  help  whatsoever  other 
than  those  belonging  to  and  who  are  members  of  the  party  of 
the  third  part  and  in  good  standing  and  who  conform  to  the 
rules  and  regulations  of  the  said  party  of  the  third  part;  and 
the  said  party  of  the  first  part  shall  cease  to  employ  any  one  and 
all  those  employees  who  are  not  in  good  standing  and  who  do 
not  conform  to  and  comply  with  the  rules  and  regulations  of 
said  party  of  the  third  part,  upon  being  notified  to  that  effect 
by  its  duly  credentialed  representatives.  The  party  of  the  first 
part  hereby  agrees  to  abide  by  the  rules  and  regulations  of  the 
party  of  the  third  part,  as  known  in  the  trade,  and  to  permit 
and  allow  representatives  of  said  party  of  the  third  part  to  enter 
their  shop  or  shops  at  any  and  all  hours  of  the  day  and  night 
for  the  purpose  of  inspection  and  enforcement  of  the  terms  of 
this  contract,  as  well  as  all  the  rules  and  regulations  herein  re- 
ferred to.  The  party  of  the  first  part  shall  not  engage  any  help 
whatsoever,  even  those  who  are  members  of  the  party  of  the 
third  part,  without  their  first  having  produced  a  pass  card  duly 
executed  and  signed  by  the  authorized  business  agent  of  the 
party  of  the  third  part,  said  card  to  show  that  the  bearer  thereof 
is  a  member  in  good  standing  of  the  party  of  the  third  part 
and  that  he  has  complied  with  the  rules  and  regulations  thereof 
in  force  at  that  time.  The  party  of  the  first  part  shall  not  em- 
ploy more  than  one  helper  to  every  two  operators,  or  one  helper 
to  two  basters,  and  under  no  consideration  to  employ  any 
apprentices.'  The  parties  of  the  second  part  also  agreed  not  to 
employ  apprentices  and  to  abide  by  the  rules  and  regulations 
of  the  party  of  the  third  part.  '  In  the  event  of  any  one  of  the 
parties  of  the  second  part  not  remaining  and  continuing  during 
the  entire  period  of  this  contract  in  good  standing,  or  does  not 
in  all  respects  conform  with  the  rules  and  regulations  of  the 


THE  CLOSED  SHOP  289 

party  of  the  third  part,  then  the  party  of  the  first  part  shall 
cease  to  employ  such  employee  whoever  he  may  be.  .  .  .  That 
the  parties  of  the  second  part  may  quit  work  during  a  so-called 
"sympathetic  strike,"  provided  no  new  demands  are  made  by 
them.  Such  quitting  of  work  on  their  part  shall  in  no  way 
affect  the  validity  of  this  agreement  or  suspend  its  operation.' 
A  minimum  scale  of  wages  was  agreed  upon,  and  finally  the 
party  of  the  first  part  agreed  to  deposit  'and  hereby  does  de- 
posit with  the  party  of  the  third  part  a  promissory  note  in  the 
sum  of  two  hundred  dollars  ...  as  security  for  the  faithful 
performance  by  the  party  of  the  first  part  of  all  the  covenants 
and  conditions  herein  contained  ...  as  liquidated  and  ascer- 
tained damages  upon  the  commission  of  any  breach  or  violation 
of  any  of  the  covenants  herein  above  set  forth  on  the  part  of 
the  party  of  the  first  part.  .  .  .'  The  only  stipulation  on  the 
part  of  the  union  was  that  it  would  'furnish  any  and  all  help 
it  may  have  on  its  application  books'  which  it  was  to  keep  for 
the  benefit  of  the  other  parties  without  charge  of  any  kind  to 
any  person." 

In  this  instance  the  court  held  that  the  agreement  was  not 
unlawful.  It  was  voluntarily  entered  into  by  the  employers. 
If  the  employers  chose  to  enter  into  such  an  agreement  they 
were  free  to  do  so.  It  seemed  to  the  court  that  the  employers 
had  come  to  be  released  from  an  agreement  into  which  they 
had  voluntarily  entered  with  the  expectation  of  profit  to  them- 
selves. If  they  regarded  it  as  beneficial  to  themselves  "does 
it  lie  in  their  mouths  now  to  urge  its  illegality?"  The  view 
of  public  policy  seems  to  have  changed.  "That,  incidentally, 
it  might  result  in  the  discharge  of  some  of  those  employed,  for 
failure  to  come  into  affiliation  with  their  fellow  workmen's 
organization,  or  that  it  might  prevent  others  from  being  en- 
gaged upon  the  work,  is  neither  something  of  which  the  em- 
ployers may  complain,  nor  something  with  which  public  policy 
is  concerned." 

Other  cases  have  been  brought  to  the  courts  but  these  do  not 
set  forth  so  clearly  the  principles  involved.  In  an  Illinois  case 
(O'Brien  vs.  People,  75  N.  E.  108),  the  employers  had  refused  to 
sign  a  closed-shop  agreement  and  the  employees  had  gone  on 
strike  to  compel  them  to  sign.  Such  an  act  the  courts  would 
not  uphold.     It  was  coercive  and  unlawful,  violative  of  the 


2QO    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

legal  right  of  the  employer,  and  it  was  "unjust  and  oppressive 
as  to  those  who  did  not  belong  to  the  labor  organizations." 
In  Massachusetts  an  employer  had  posted  a  set  of  open-shop 
rules  that  were  to  go  into  effect  at  a  stated  time.  (Reynolds  vs. 
Davis,  84  N.  E.  457.)  A  strike  was  called  to  prevent  the  rules 
being  put  into  effect.  The  legality  of  such  a  strike  was  ques- 
tioned before  the  court.  To  the  court  the  purpose  seemed  to 
be  to  close  the  shop  arbitrarily  to  all  workmen  not  members  of 
the  union,  "not  because  such  workmen  were  personally  objec- 
tionable in  any  particular,  nor  because  there  was  not  work 
enough  for  all  the  members  of  the  union  if  non-union  men  were 
employed,  but  to  compel  all  workmen  to  join  the  union  for 
the  purpose  of  creating  a  monopoly  in  the  labor  market,  whereby 
to  be  able  to  contend  successfully  with  employers  whenever  a 
controversy  should  arise."  A  strike  for  such  a  purpose  "would 
not  be  justifiable  on  principles  of  competition,  either  as  against 
non-union  workmen  or  as  against  the  employer,  but  would  be 
unlawful." 

For  reasons  other  than  the  principles  involved  in  the  closed- 
shop  contract,  it  may  be  unlawful  to  form  an  agreement  that 
will  result  in  the  discharge  of  workmen  already  employed  at 
the  time  of  the  making  of  the  agreement.  It  may  be  the  basis 
for  damages.  Also  it  appears  that  a  strike  to  compel  the  adop- 
tion of  a  closed-shop  agreement  may  be  unlawful.  That  involves 
the  more  general  question  of  the  legality  of  strikes,  whatever 
may  be  their  purpose.  That  topic  has  been  discussed  in  the 
chapter  on  Strikes.  In  the  last  case  referred  to,  it  appears  further 
that  the  question  of  competition  and  monopoly  are  not  foreign 
to  this  discussion. 

The  judicial  attitude,  then,  is  not  settled  into  agreement. 
Of  course  violence  and  intimidation  will,  if  used  by  one  of  the 
parties  to  secure  the  agreement,  free  the  other  from  the  bind- 
ing force  of  the  contract.  There  is  uniformity  on  that  point 
worked  out  through  other  channels  and  applicable  in  all  cases. 
But  coercion  aside,  there  remains  the  uncertainty  as  to  how  the 
courts  will  view  a  contract  of  this  kind.  It  may  come  within 
the  right  of  the  contracting  parties  so  long  as  the  agreement  is 
entered  into  voluntarily.  It  may,  on  the  other  hand,  be  viewed 
as  a  monopoly  against  which  even  the  freedom  of  contract  will 
not  stand. 


THE  CLOSED  SHOP  291 

THE   IRON  AND   STEEL  INDUSTRY'S   OPEN   SHOP 

One  concrete  illustration  of  this  struggle  is  of  particular  in- 
terest. The  iron  and  steel  industry  is  in  many  important  re- 
spects a  typical  American  industry.  Its  position  in  the  indus- 
trial world  is  commanding.  Its  policies  are  therefore  of  more 
than  ordinary  importance.  The  experiences  of  unionism  in 
this  field  are  instructive.  The  tale  is  one  full  of  interest.  John 
Fitch  in  his  study  of  The  Steel  Workers  has  presented  the  case 
at  first  hand  and  in  full  detail.  He  recounts  at  some  length 
the  struggle  of  unionists  through  the  series  of  strikes  culminat- 
ing in  the  Homestead  Strike  of  i8o^the  death  knell  of  unionism 
for  the  steel  workers  of  the  United  States.  The  powerful  United 
States  Steel  Corporation  had  been  formed  and  stood  ready  to 
bring  its  immense  concentration  of  force  against  unionism.  Since 
that  time  its  labor  policy  has  been  that  of  the  open  shop.  Here 
is  an  opportunity  to  see  what  the  open  shop  has  been  in  rela- 
tion to  unionism  and  Fitch  has  furnished  us  with  a  full  account 
during  the  period  covered  by  his  inquiry.  A  paternalistic  atti- 
tude has  been  steadily  maintained.  Coal  and  gas  from  the 
company  supplies  were  furnished  at  cost.  Houses  rented 
below  the  rates  charged  by  other  owners.  Money  was  loaned 
for  building  on  terms  more  favorable  than  local  building  and 
loan  associations  charged.  A  system  of  stock  purchase  for 
employees  was  introduced.  A  liberal  pension  and  insurance 
plan  was  inaugurated.  In  these  respects  the  paternalism  was 
beneficial.  Against  these  were  offset  an  increase  of  the  less  in- 
telligent classes  of  foreigners,  and  their  distribution  so  as  to 
prevent  any  class  conscious  feeling,  an  increase  of  pay  for 
skilled  and  decreased  pay  for  unskilled  labor  with  the  extensive 
introduction  of  machinery  to  eliminate  at  every  possible  point 
the  need  for  the  skilled.  This  has  greatly  increased  the  propor- 
tion of  unskilled.  Many  workmen  are  cited  as  having  found 
it  in  accord  with  their  own  experience  that  the  reductions  in 
wages  from  time  to  time  approximately  equalled  their  savings 
as  revealed  to  the  company  by  their  savings  deposits  or  their 
purchases  of  company  stock.  To  these  adverse  conditions  must 
be  added  the  speeding  up  system  in  all  its  ramifications  followed 
by  the  "  judicious  cuts  from  time  to  time  in  the  rate  of  pay 
per  ton,  which  make  the  men  put  forth  the  last  ounce  of  energy 


292    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

to  prevent  a  wage  loss."    Such  is  the  record  under  the  "em- 
ployers' regime"  as  portrayed  by  Fitch. 

Forms  of  Discrimination.  —  But  what  of  membership  in 
unions?  Were  workmen  chosen  without  discrimination,  as  the 
open-shop  principle  would  dictate?  In  1895  a  reduction  in  wages 
was  posted.  A  mass  meeting  was  held  in  protest.  The  fol- 
lowing day  men  were  discharged  in  groups  for  attending  the 
meeting.  Secret  meetings  were  held  and  a  local  organization  of 
twenty-five  men  formed  in  one  of  the  mills.  It  was  but  a  short 
time  before  the  officers  of  this  local  were  discharged  and  the 
president  was  informed  at  the  time  that  he  was  dropped  for 
forming  the  organization.  In  1901  a  secret  organization  was 
formed  with  a  thousand  members,  and  very  soon  several  hun- 
dred of  them  were  discharged.  It  is,  as  Fitch  states,  "a  matter 
of  common  report"  that  one  particularly  active  organizer  "is 
blacklisted  in  every  mill  of  the  Steel  Corporation."  This  lead 
of  the  managers  of  the  Corporation  was  closely  followed  by  the 
independents,  so  that  the  unionist  fares  the  same  throughout 
the  district.  In  one  of  the  independent  plants  it  was  decided 
to  hold  a  meeting  of  protest  against  Sunday  work.  The  superin- 
tendent called  the  leaders  together  and  threatened  them  with 
discharge  if  they  did  not  abandon  the  plan.  Then  at  the  time 
announced  for  the  meeting  together  with  several  mill  policemen 
he  stationed  himself  in  plain  sight  where  he  could  see  anyone 
who  entered  the  hall.  No  one  attempted  to  go  in  and  there 
was  no  meeting.  To  his  account  of  these  instances  Fitch  adds 
the  statement:  "The  officials  of  the  steel  companies  make  no 
secret  of  their  hostility  to  unionism,  and  I  have  been  told  by 
leading  employers  that  they  would  not  tolerate  it.  Any  move- 
ment toward  organization,  they  assured  me,  would  mean  dis- 
charge. That  this  is  no  idle  boast  is  evident  from  the  records 
of  all  attempts  at  organization  since  1892." 

To  insure  the  effective  working  of  this  policy  the  companies 
organized  an  elaborate  secret  service.  Its  agents  were  sup- 
posed to  be  employees  working  shoulder  to  shoulder  with 
the  men  and  quick  to  detect  and  report  any  movement 
toward  agitation  and  organization.  This  has  made  the  men 
very  suspicious  and  very  cautious.  "I  doubt,"  says  Fitch, 
"whether  you  could  find  a  more  suspicious  body  of  men  than 
the  employees  of  the  United  States  Steel  Corporation.    They 


THE  CLOSED  SHOP  293 

are  suspicious  of  one  another,  of  their  neighbors,  and  of  their 
friends." 

THE  PREFERENTIAL   UNION   SHOP 

Contrasted  with  this  struggle  between  the  steel  manufac- 
turers and  their  workmen  is  that  of  the  clothing  workers  of 
New  York  City.  It  began  in  1910.  The  strikers  through  their 
union  officials  presented  a  list  of  grievances  and  demands  which 
dealt  with  conditions  of  labor  generally  and  which  included  the 
charge  that  union  men  were  discriminated  against  and  the 
more  active  leaders  were  blacklisted.  There  were  many  efforts 
at  mediation  by  public-spirited  citizens  and  finally  a  conference 
was  arranged  with  an  advance  agreement  that  the  closed  shop 
should  not  be  a  subject  of  discussion. 

In  the  proffer  of  settlement  made  by  the  organization  of 
manufacturers  many  concessions  were  made.  One  clause, 
however,  indicates  their  view  on  the  employment  of  union 
labor.  "We  know  of  no  discrimination  against  union  men 
in  our  ranks  and  no  blacklisting,  but  we  are  prepared  to  dis- 
cipline rigorously  any  member  of  our  association  who  hereafter 
shall  be  proven  guilty  of  violating  the  pledge  (not  to  discrimi- 
nate) already  given." 

Negotiations  reached  the  point  of  amicable  adjustment  on 
all  important  points  except  one.  The  employers  would  not  con- 
cede what  "they  considered  to  be  a  closed  shop.  The  union 
leaders  believed  that  the  rank  and  file  of  the  strikers  could  be 
satisfied  only  by  the  adoption  of  such  a  policy.  Conferences 
came  to  an  end  and  the  strike  was  renewed  with  increased 
vigor.  For  a  month  efforts  at  mediation  were  persisted  in  with 
the  final  result  of  renewing  the  conferences.  In  previous  dis- 
cussions the  employers  are  reported  to  have  shown  a  willing- 
ness to  employ  a  majority  of  unionists,  and  also  to  act  in  co- 
operation With  the  unions  in  securing  many  of  the  ends  for 
which  they  were  striving.  But  they  flatly  and  steadily  refused 
to  go  further. 

A  Compromise.  —  It  was  at  this  point  that  a  compromise 
that  had  slowly  been  formulating  was  proposed.  An  open  shop 
would  not  be  accepted  by  the  unionists  because  of  fear  of  dis- 
crimination. A  closed  shop  was  rejected  by  the  employers  be- 
cause of  fear  of  union  domination.    A  "preferential  union  shop" 


294    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

was  suggested.  This  was  finally  accepted  as  involving  essentially 
the  main  points  for  which  each  side  contended.  The  Protocol 
was  finally  drawn  up,  signed  and  put  into  effect  on  the  second 
day  of  September,  19 10. 

The  Agreement.  —  The  agreement  as  to  the  conditions  of 
union  employment  was  embodied  in  section  fourteen  of  the 
Protocol.  This  read  as  follows:  "Each  member  of  the  manu- 
facturers is  to  maintain  a  union  shop,  a  'union  shop'  being 
understood  to  refer  to  a  shop  where  union  standards  as  to  work 
conditions,  hours  of  labor,  and  rates  of  wages  as  herein  stipu- 
lated prevail,  and  where,  when  hiring  help,  union  men  are  pre- 
ferred, it  being  recognized  that,  since  there  are  differences  in 
degrees  of  skill  among  those  employed  in  the  trade,  employers 
shall  have  freedom  of  selection  as  between  one  union  man  and 
another,  and  shall  not  be  confined  to  any  list,  nor  bound  to 
follow  any  prescribed  order  whatever.  It  is  further  understood 
that  all  existing  agreements  and  obligations  of  the  employer, 
including  those  to  present  employees,  shall  be  respected;  the 
manufacturers,  however,  declare  their  belief  in  the  union,  and 
that  all  who  desire  its  benefits  should  share  in  its  burdens." 

Elements  of  the  New  Plan.  —  The  relative  security  for  this 
agreement  was  found  in  the  very  elaborate  and  satisfactory 
method  of  adjusting  differences  through  the  Board  of  Griev- 
ances and  Board  of  Arbitration.  This  has  been  described  in 
the  chapter  on  Arbitration  and  does  not  call  for  further  notice  here. 
Within  such  a  plan  for  settling  possible  difficulties,  adjustments 
were  amicably  made.  The  plan  first  of  all  secured  the  adoption 
of  union  standards  as  to  wages,  hours  of  labor  and  sanitary 
conditions.  To  establish  these  standards  the  union  must  have 
a  real  life.  This  strong  union  came  into  touch  with  a  strong 
organization  of  employers  and  adjustments  were  made  as 
among  friends  rather  than  foes,  involving  mutual  respect,  good 
faith  and  confidence. 

The  plan  further  insured  the  existence  of  the  union.  Its 
members  sat  on  the  Boards  of  Grievances.  As  an  organiza- 
tion, it  was  largely  responsible  for  shop  control.  No  one  needed 
to  fear  the  displeasure  of  the  employer  by  joining  the  union. 
Other  sources  of  annoyance  also  were  cleared  away.  Existing 
agreements  between  employers  and  non-union  employees  were 
respected.     As  to  choosing  employees  the  manufacturer  gave 


THE  CLOSED  SHOP  295 

preference  to  union  men  of  equal  skill  and  the  union  must  see 
to  it  that  the  membership  was  sufficiently  large.  If  a  non- 
union man  was  hired  either  because  of  his  superior  skill  or  be- 
cause of  a  limited  number  of  unionists  available,  it  was  to  the 
interest  of  the  new  employee  to  join  the  union  if  he  wished  to 
protect  his  job  against  union  men  in  the  future.  If  he  applied 
in  good  faith,  the  union  must  accept  him  to  membership.  The 
open  membership  to  unions  was  one  of  the  essential  features  of 
the  entire  plan.  Should  any  employee  refuse  to  join,  the  union 
could  secure  his  removal  from  the  shop  as  soon  as  a  union  man 
of  equal  skill  presented  himself.  Should  the  employer  be  sus- 
pected of  acting  in  bad  faith  in  making  discrimination  in  matter 
of  skill,  there  arose  a  grievance  which  was  put  through  the  reg- 
ular course  of  settlement  where  the  charge  would  be  cleared  up. 

Thus  while  the  shops  were  not  entirely  closed  to  non-union 
men,  the  unionists  had  the  preference  and  at  the  same  time 
the  employer  had  a  practical  degree  of  choice  in  matter  of  skill 
and  fitness  for  work.  Joining  the  union  gave  an  advantage  to 
the  man  and  placed  him  in  line  to  share  the  burdens  as  well  as 
to  reap  the  benefits  of  such  organization. 

In  short,  the  employer  obligated  himself  to  employ  union 
men  as  long  as  any  applied;  and  he  was  free  to  choose  from 
among  them  the  ones  best  adapted  to  his  needs.  The  union 
must  be  open;  all  qualified  applicants  must  be  admitted  with- 
out discrimination. 

This  agreement  was  entered  upon  by  the  Manufacturers' 
Protective  Association,  with  a  membership  of  123  firms  and 
15,000  employees.  Later  the  membership  of  both  firms  and 
employees  materially  increased.  Practically  the  entire  cloak, 
suit,  and  skirt  industry  came  under  either  the  Protocol  agree- 
ment or  under  shop  contract  agreements  that  were  essentially 
the  same. 

Success  of  the  New  Plan.  —  That  the  plan  worked  satisfac- 
torily is  evidenced  by  its  continuation  for  so  long  a  time. 
Grievances  have  been  numerous;  yet  the  reports  do  not  classify 
them  in  such  a  way  as  to  make  it  possible  to  tell  just  what 
proportion  arose  over  suspected  discrimination  against  union 
employees. 

During  the  first  two  and  one-half  years  of  the  agreement 
there  were  7,656  grievances  settled.    Of   these  97%  was  ad- 


296    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

justed  in  the  first  stage,  while  only  twenty  cases  were  carried 
up  to  the  final  hearings  before  the  Board  of  Arbitration.  This 
fact  warrants  the  conclusion  that  complaints  against  the  pref- 
erential union-shop  clause  of  the  Protocol,  if  there  were  any, 
were  readily  adjusted. 

Further  evidence  of  the  adaptability  of  the  preferential  union 
shop  was  established  in  later  agreements.  By  the  spring  of 
19 13  six  protocols  had  been  signed  all  in  the  general  industry 
of  women's  clothing.  They  covered  six  separate  branches  of 
the  industry,  included  both  New  York  and  Boston  employers 
and  involved  65,000  persons.  In  each  of  these  agreements 
the  preferential  union  shop  was  a  feature. 

Spirit  of  Parties  to  the  Agreement.  —  Concerning  the  spirit 
in  which  this  part  of  the  agreement  was  entered  upon,  two  or 
three  brief  extracts  will  explain.  The  general  secretary- treasurer 
of  the  International  Ladies'  Garment  Workers  Union  explained 
the  plan:  "In  such  a  shop  the  non-union  worker  may  obtain 
employment,  but  in  a  protocol  shop  they  are  laboring  under  a 
disadvantage,  because  while  the  employer  may  pay  him  the  same 
scale  of  wages  and  work  the  same  number  of  hours,  his  employ- 
ment and  his  rights  are  limited,  for  he  is  the  first  to  go  down 
and  the  last  to  be  taken  up."  The  spirit  of  the  employers  ap- 
pears, for  example,  in  the  statement  from  the  Dress  and  Waist 
Bulletin,  the  organ  of  the  manufacturers:  "The  attention  of 
members  is  called  to  the  fact  that  the  theory  of  the  preferen- 
tial union  shop,  to  which  they  are  bound  to  adhere  under  the 
protocol,  requires  in  general  that  in  laying  off  workers  manu- 
facturers shall  lay  off  non-union  workers  before  laying  off  union 
workers,  skill  being  equal."  When  it  developed,  as  it  did  in 
some  of  the  shops  that  the  membership  of  the  unions  did  not 
increase  as  it  had  been  expected  to  do  under  the  new  plan, 
there  appeared  an  editorial  in  the  organ  of  the  Manufacturers' 
Protective  Association  which  read  as  follows:  "Every  reason- 
able effort  should  be  made  by  members  to  induce  their  employees 
to  join  the  union.  This  is  only  just  and  fair,  not  only  because 
the  association  is  morally  obligated  to  do  this,  but  also  because 
it  is  a  simple  matter  of  justice  for  all  the  workers  to  contribute 
their  share  in  the  way  of  dues  to  the  union  toward  meeting 
the  greatly  increased  expenses  involved  in  carrying  out  the 
protocol  conditions  in  the  shops.    There  need  be  no  coercion 


THE  CLOSED  SHOP  297 

and  there  should  not  be,  but  if  the  matter  is  presented  properly 
to  the  workers  who  have  not  yet  affiliated  themselves  with 
the  union  there  is  no  doubt  that  they  can  be  induced  to  join. 

"A  strong  union  will  be  a  benefit  to  the  manufacturers,  and 
members  of  the  association  should  make  every  effort  to  increase 
the  membership  in  the  union  so  that  its  officers  may  have  com- 
plete control  of  the  workers  and  be  enabled  to  discipline  them 
when  necessary.  With  half  the  shop  union  and  the  other  half 
non-union,  it  is  easy  to  be  seen  that  this  is  impossible  and  that 
friction  is  bound  to  result." 

Later  Discord.  —  An  interesting  difference  developed  in  the 
operation  of  the  first  protocol  and  the  later  ones.  In  the  cloak, 
suit,  and  skirt  industry  there  was  an  increase  in  the  membership 
of  the  unions.  The  association  also  increased  its  membership. 
The  expected  advantage  to  the  union  in  the  preference  extended 
to  union  members  was  realized.  In  the  dress  and  waist  industry, 
as  the  study  of  the  Federal  Bureau  of  Labor  Statistics  shows, 
these  results  did  not  follow.  The  preferential  union-shop  clause 
in  the  protocol  was  in  the  same  words,  indeed  copied  from  the 
earlier  one.  Yet  the  membership  in  the  dress  and  waist  unions 
decreased  during  the  first  year.  This  fact  led  to  suspicion  on 
the  part  of  the  union  leaders,  and  they  preferred  charges  against 
the  employers  on  the  ground  that  they  were  discriminating 
in  favor  of  non-union  labor.  Their  case  before  the  arbitrators 
showed  that  in  many  of  the  shops,  some  of  them  belonging  to 
officers  of  the  association,  less  than  one  per  cent  of  the  labor 
was  union.  The  association  admitted  the  fact  but  denied 
the  validity  of  the  implications  that  were  suggested.  Their 
explanation  placed  the  blame  on  the  policies  of  the  unions 
themselves,  prejudicing  the  workers  rather  than  attracting 
them.  The  finding  of  the  board  of  arbitration  technically  freed 
the  employers  from  these  charges,  though  they  Were  not  entirely 
exonerated.  It  was  recognized  by  the  board  as  perfectly  clear 
that  the  membership  of  the  union  was  probably  only  one-half 
what  it  was  six  or  eight  months  before.  On  the  question  of 
fixing  the  blame  it  seemed  to  the  board  that  practically  both 
parties  had  been  at  fault,  and  that  it  would  be  necessary  for 
both  parties  to  "exert  themselves  greatly  to  carry  out  the  plan 
which  was  originally  in  their  purpose." 

Efforts  towards  Cooperation.  —  Following  this  it  appears 


298    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

that  serious  and  sincere  efforts  were  made  on  both  sides  to 
carry  into  effect  the  principle  of  the  preferential  union  shop. 
From  the  officials  of  both  organizations  appeals  were  sent  out 
urging  both  employers  and  employees  to  observe  faithfully 
the  terms  of  the  agreement.  The  employers'  appeal  was  that 
the  members  of  the  association  should  regard  the  obligation 
to  support  the  union  in  its  effort  to  extend  its  membership. 
"Some  of  our  members  have  failed  to  appreciate  that  the  work 
of  cooperation  between  the  association  and  the  union  would 
fail  if  the  union  did  not  have  the  moral  support  and  cooperation 
of  the  manufacturers,  as  guaranteed  by  the  protocol.  The 
first  place  at  which  this  moral  support  and  cooperation  is 
established  tangibly  on  the  part  of  the  manufacturers  is  in  the 
observance  of  the  principle  of  the  preferential  union  shop." 
"The  protocol  has  come  to  stay.  So  has  the  association,  and  so 
has  the  union."  The  obligations  growing  out  of  these  changes  the 
employers  must  recognize  and  observe.  Apparently  the  employ- 
ers were  convinced  of  the  advantages  of  this  form  of  union  shop. 
They  appeared  to  be  quite  insistent  upon  its  maintenance. 

The  representations  of  the  union  leaders  revealed  a  different 
situation.  Their  communication  and  appeal  concerned  member- 
ship dues.  The  reasoning  was  clear  enough.  "Of  course  the 
union  cannot  live  without  its  members'  contributions.  If  the 
union  is  doing  good  work  for  the  workers,  they  should  support 
this  good  work.  ...  In  the  case  of  the  member  of  the  union, 
suspension  means  the  loss  of  the  preference  which  the  protocol 
guarantees  to  the  union  workers.  Since  the  employer  is  respon- 
sible for  the  guaranteeing  of  this  preference,  the  suspended 
member  of  the  union  loses  rights  guaranteed  under  the  pro- 
tocol." "Some  workers  are  under  the  impression  that  because 
they  work  in  a  protocol  shop  they  are  freed  from  the  duty  of 
paying  their  dues  to  the  union.  This  contention  of  our  members 
is  very  erroneous,  because  the  protocol  provides  definitely  that 
all  workers  who  enjoy  the  benefits  of  the  union  and  of  the  pro- 
tocol must  share  its  burdens.  .  .  .  Any  worker  who  enjoys 
the  benefits  of  the  union  and  the  protocol  and  does  not  contrib- 
ute his  or  her  share  of  the  expenses  of  maintaining  the  union 
is  a  shirker  and  is  unworthy  of  any  respect  or  consideration. 
The  obligation  of  paying  dues  to  the  union  is  not  only  a  con- 
stitutional one,  but  is  a  moral  one  as  well." 


THE  CLOSED  SHOP  299 

The  situation  as  revealed  here  is  very  significant.  If  the 
laborers  seek  to  reap  the  benefits  of  organization  without  shar- 
ing in  its  obligations,  the  unions  do  not  have  the  membership 
lists  from  which  the  employer  must  choose.  This  necessitates 
the  employment  of  non-unionists.  The  fewer  members  there  are 
the  greater  the  chances  of  permanency  in  non-union  employ- 
ment. If  the  union  membership  shrinks  to  small  proportions 
then  there  is  even  less  inducement  for  paying  membership 
dues.  From  the  point  of  view  of  the  individual  laborer  this 
may  seem  safe  reasoning.  Wherever  the  unions  find  that  the 
tendency  revealed  in  this  case  is  becoming  general  it  is  altogether 
probable  that  the  security  of  any  agreement  like  the  preferential 
union  shop  will  be  seriously  undermined.  Stronger  pressure 
will  be  brought  to  bear  to  bring  the  workmen  into  the  unions. 
So  long  as  this  tendency  to  decrease  in  membership  is  apparent, 
the  preferential  union  shop,  as  an  industrial  institution,  cannot 
be  regarded  as  secure.  Either  the  employers,  to  save  what 
they  seem  to  regard  as  a  satisfactory  arrangement,  will  volun- 
tarily aid  in  restoring  the  prestige  of  the  union  or  the  unions 
themselves  will  be  driven  to  a  more  aggressive  attitude  and 
renew  the  demand  for  the  closed  shop. 

The  Agreement  Abandoned.  —  For  nearly  five  years  this 
protocol  providing  for  the  preferential  union  shop  in  the  ladies' 
garment  trade  in  New  York  City  was  in  force.  During  this 
period  it  was  widely  regarded  as  the  nearest  approach  to  an 
ideal  settlement  that  had  been  reached  in  the  garment  trade, 
and  one  of  the  best  in  the  wider  industrial  field.  In  the  early 
spring  of  19 15,  rumblings  of  trouble  were  heard.  These  devel- 
oped seriously.  In  May  the  outbreak  came.  Working  relations 
were  broken  off  and  the  protocol  was  abandoned.  Much  effort 
was  expended  on  each  side  to  establish  its  own  innocence  and 
the  guilt  of  the  other  side.  The  growing  dissatisfaction  on 
both  sides  and  the  earnest  efforts  that  were  made  have  been 
shown  in  the  previous  pages.  It  seems  probable  that  causes 
deeper  than  those  which  either  side  assigns  were  responsible 
for  the  final  outcome.  Realizing,  as  all  parties  did,  the  necessity 
for  reestablishing  working  relations  before  the  situation  de- 
veloped the  seriousness  of  a  passionate  fight,  steps  were  made 
at  mediation.  It  was  finally  agreed  that  the  Mayor  of  the 
city  should  appoint  a  board  of  six  members  to  investigate  and 


300    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

propose  a  settlement.  As  a  result,  a  compromise  was  reached 
and  a  new  agreement  signed  in  August.  The  details  of  the  plan 
are  not  necessary  to  the  understanding  of  the  point  under  dis- 
cussion. The  preferential  union  shop  was  not  a  part  of  the 
new  agreement.  The  employers  were  left  free  to  select  and 
discharge  their  workers  at  their  own  discretion,  with  the  further 
understanding  that  the  workers  were  in  no  way  to  be  discrimi- 
nated against  because  of  any  of  their  union  activities. 

So  far  as  the  closed  shop  is  concerned,  it  is  no  part  of  this  new 
agreement.  Indeed,  the  preferential  union  shop  is  no  longer 
one  of  the  elements.  As  the  closed  shop  was  in  the  first  place 
refused,  so  now  the  preferential  union  shop  has  been  abandoned. 
It  is  the  end  of  the  story  for  the  present.  Other  principles 
were  embodied  in  this  agreement,  but  they  will  be  discussed 
in  the  chapter  on  Trade  Agreements. 


CHAPTER  XVIII 
THE  TRADE  AGREEMENT 

No  list  of  important  activities  of  unionism  would  be  complete 
without  reference  to  trade  agreements.  They  embody  a  policy 
and  reveal  a  purpose  that  extends  below  the  surface  and  reaches 
down  to  the  fundamentals  of  unionism  itself.  Variously  known 
as  collective  bargains,  labor  contracts,  or  joint,  industrial  or 
collective  agreements,  as  well  as  trade  agreements,  they  embody 
the  very  best  of  the  trade  or  industrial  union  spirit. 

Definition.  —  If  definitions  help  to  understand  what  they  are, 
the  two  following  may  be  selected:  "The  collective  agreement 
in  its  purest  form  is  the  final  statement  of  the  terms  of  settle- 
ment arrived  at  as  a  result  of  the  direct  negotiations  between 
employers  and  employees  —  the  direct  result  of  collective  bar- 
gaining between  those  desiring  to  purchase  and  those  desiring 
to  sell  labor  power."  "By  trade  agreement,"  says  Hon.  Seth 
Low,  "I  mean  an  agreement  entered  into  by  the  representatives 
of  the  employers  in  a  given  trade  with  the  representatives  of  the 
employees  in  the  same  trade  by  which  agreement  the  hours  of 
labor,  the  rates  of  pay,  and  all  the  various  other  elements  that 
enter  into  the  relationships  between  employer  and  employee  are 
agreed  upon  for  a  fixed  period  of  time." 

Relation  to  Other  Bargaining  Activities.  —  Narrowly  con- 
strued these  agreements  have  for  their  purpose  the  prevention 
of  strikes  and  lockouts.  They  are  akin  to  conciliation,  mediation 
and  arbitration  in  that  they  tend  to  industrial  peace.  Unlike 
mediation  and  arbitration  they  do  not  contemplate  the  use  of 
outside  agencies,  except  as  a  special  resort  in  case  the  provisions 
of  the  agreement  itself  fail  to  prevent  an  outbreak.  More  like 
conciliation,  the  trade  agreement  represents  an  attempt  to  main- 
tain working  relations  through  mutual  adjustments.  If  a  dis- 
tinction exists,  and,  as  pointed  out  in  the  chapter  on  Arbitration 
it  seems  wise  to  recognize  one,  the  distinction  is  that  conciliation 
is  a  plan  to  be  called  upon  for  special  occasions  and  to  meet  par- 

301 


302    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ticular  needs.  The  trade  agreement  is  broader  than  this.  It 
seeks  to  eliminate  possible  points  of  dispute.  While  a  compre- 
hensive trade  agreement  will  provide  methods  of  settling  differ- 
ences, this  is  secondary  in  importance.  Primarily  it  assumes  that 
normally  there  will  be  no  need  for  them.  It  arranges  working 
relations  instead  of  fighting  relations.  Only  when  the  working 
relations  are  disturbed  does  the  agreement  aid  in  preventing  the 
substitution  of  fighting  relations. 

True  Spirit  of  an  Agreement.  —  In  order  that  a  trade  agree- 
ment may  be  truly  representative  of  a  mutual  desire  for  working 
harmony,  the  parties  must  be  in  position  to  enter  upon  the  agree- 
ment voluntarily.  A  union  that  is  strong  enough  to  establish  a 
closed  shop  and  has  fixed  shop  rules  and  conditions  suitable 
alone  to  its  own  wishes  should  not  be  said  to  have  made  a  trade 
agreement.  On  the  other  hand,  an  employer  who  hires  employees 
individually  and  then  arbitrarily  posts  shop  rules  and  adjusts 
wages  and  hours  of  labor  which  the  employees  may  accept  or 
leave  the  shop  should  not  be  spoken  of  as  having  a  trade  agree- 
ment. The  real  trade  agreement  is  in  the  nature  of  a  contract 
to  which  both  parties  without  unreasonable  coercion  voluntarily 
bind  themselves.  It  may  further  be  noted  that  such  an  agree- 
ment may  be  in  writing  or  simply  oral.  The  latter  form  is  so 
vague,  indefinite  and  especially  so  difficult  of  interpretation 
in  case  of  dispute  that  it  is  better  to  consider  it  as  a  quasi- 
agreement,  one  in  process  of  development  from  a  crude  form  of 
collective  bargaining  to  a  real  trade  agreement.  Agreements 
may  exist,  of  course,  between  an  employer  and  his  unorganized 
employees.  When  such  is  the  case,  it  is  lacking  in  the  essential 
quality  of  stability,  there  being  no  organization  or  group  of 
officers  to  accept  responsibility  and  no  feeling  of  either  solidarity 
or  responsibility  among  the  workmen.  It  is  better  to  regard 
such  an  agreement,  also,  even  though  it  may  be  in  writing,  as 
only  a  partially  developed  form. 

Form  and  Content  of  Agreement.  —  Trade  agreements  are 
not  standardized  as  to  either  form  or  content.  Generally  speak- 
ing they  deal  with  the  points  peculiar  to  the  industry,  the  loca- 
tion and  the  nature  of  the  organization,  (i)  They  set  a  time  at 
which  the  agreement  goes  into  effect  and  a  time  for  its  expiration. 
Three  years  is  a  very  common  period.  Some  continue  for  as 
long  as  five  years.    Others  are  annual.     (2)  They  provide  for 


THE  TRADE  AGREEMENT  303 

conciliation  or  arbitration  in  case  of  differences  of  interpretation 
or  in  case  conditions  arise  that  were  not  contemplated  at  the 
time  the  agreement  was  made.  The  details  of  organizing  the 
arbitration  are  definitely  specified.  (3)  They  fix  in  detail  the 
conditions  and  provisions  of  the  labor  contract:  rates  of  wages, 
hours  of  labor,  overtime  work,  holidays,  shop  rules,  rules  of 
apprenticeship  or  regulations  for  hiring  more  labor,  functions 
and  rights  of  foremen,  regulation  of  output,  new  machinery, 
rights  of  employment  and  discharge,  and  other  points  that  enter 
into  the  working  contract.  So  far  as  is  practicable  the  tendency 
appears  to  be  in  the  direction  of  standardization.  Only  so  far 
as  trades  differ  is  there  much  difference  between  agreements 
except  as  to  the  order  of  arrangement  of  the  material. 

Number  of  Agreements.  —  It  is  quite  impossible  to  tell  how 
many  trade  agreements  have  been  made  and  how  many  are  in 
effect  at  any  given  time.  No  record  that  is  at  all  satisfactory 
has  been  made.  The  Massachusetts  Bureau  has  compiled  some 
figures  to  show  the  number  of  agreements  that  were  in  effect  in 
that  state  at  the  end  of  the  year  1911.  Of  1,226  locals  that 
replied  to  the  inquiry,  530  reported  signed  agreements  with  one 
or  more  of  their  employers,  and  forty-two  declared  that  they  had 
verbally  accepted  agreements.  It  appears  that  these  agreements 
existed  generally  among  the  larger  unions.  The  membership 
of  the  1,226  locals  was  185,414  and  in  the  530  locals  that  had 
agreements  there  was  a  membership  of  105,478.  Forty-three 
per  cent  of  the  unions  reporting  had  signed  agreements  and  these 
contained  fifty-seven  per  cent  of  the  membership.  Of  this  group 
259  unions,  or  twenty-one  per  cent,  with  a  membership  of  42,398, 
or  twenty-three  per  cent,  had  signed  agreements  with  all  of  the 
firms  in  their  jurisdiction. 

In  the  list  of  trades  in  which  these  agreements  are  found  are 
some  of  the  largest  employers  of  labor  as  well  as  some  of  the 
most  progressive.  Nearly  all  railroads  have  contract  agreements 
with  the  railroad  brotherhoods.  These  are  among  the  most 
respected  agreements  to  be  found  anywhere  in  the  industrial 
world.  Coal  operators  in  a  large  area  of  the  mining  regions  have 
working  agreements  with  the  five  hundred  thousand  United 
Mine  Workers.  The  method  of  formulating  these  agreements 
has  been  worked  out  with  unusual  thoroughness.  Districts  are 
marked  off  and  from  these  representatives  are  chosen  to  the 


304    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

convention.  It  is  to  all  intents  a  representative  legislative  body 
with  two  branches.  Each  "house"  represents  its  interests  and 
from  conference  and  deliberation  an  agreement  is  developed 
that  has  the  force  of  a  binding  contract  on  both  parties  rep- 
resented. These  agreements  adjust  details  of  wages  and  other 
conditions  to  the  natural  differences  that  obtain  in  the  several 
coal  fields,  and  within  each  section  the  natural  inequalities  are 
evened  up  so  as  to  bring  about  a  fairer  kind  of  competition  among 
operators  and  fairer  working  conditions  for  the  laborer.  In 
many  sections  of  the  country  the  building  trades  have  brought 
out  of  the  chaos  of  former  conditions  a  sort  of  order  through 
the  trade  agreement.  Upwards  of  fifty  employers'  associations 
have  this  understanding  with  the  many  thousand  of  their  em- 
ployees. These  agreements  are  not  so  stable  as  those  just  re- 
ferred to.  Yet  progress  is  being  made  in  the  face  of  serious 
difficulties  peculiar  to  the  trade.  Many  street  railway  systems 
have  satisfactory  agreements  with  unions  of  their  employees. 
Here  again  they  are  somewhat  unstable.  In  the  boot  and  shoe 
industry  the  organized  workers  are  particularly  proud  of  their 
achievements  in  this  line.  The  Stove  Founders  National  De- 
fence Association  early  made  contracts  with  the  Iron  Molders 
Union.  In  189 1  an  agreement  was  made  that  has  been  renewed 
annually  since  that  date.  During  the  fall  of  1915  several  agree- 
ments were  made  that  were  of  more  than  usual  importance. 
Three  of  these  were  (1)  in  the  Chicago  street  railway  surface 
lines,  (2)  the  Chicago  carpenters,  and  (3)  the  longshoremen  of 
New  York  and  vicinity.  Their  importance  lies  in  the  fact  that 
they  involve  unusually  large  numbers  of  employees;  they  brought 
serious  disputes  to  an  amicable  settlement;  and  they  have  been 
extended  to  employees  who  have  not  previously  used  the  trade 
agreement. 

Importance  of  Trade  Agreements.  —  The  foregoing  has 
dealt  with  the  more  obvious  importance  of  trade  agreements.  It 
appears  that  they  are  not  to  be  disregarded  as  trivial.  Yet  they 
are  often  underestimated  even  from  this  point  of  view.  They 
lack  the  sensational  elements  of  the  strike,  the  lockout  or  the 
boycott.  Ten  thousand  men  on  strike  is  an  event  that  will  find 
its  news  place  in  large  headlines.  A  settlement  of  such  a  strike 
by  mediation  or  arbitration  will  also  be  worthy  of  prominent 
notice,  usually  to  the  undue  glorification  of  the  mediators  or 


THE  TRADE  AGREEMENT  305 

arbitrators.  But  a  trade  agreement  by  which  ten  thousand  men 
and  their  employers  continue  peacefully  to  operate  the  industry 
seldom  receives  a  passing  notice  even  by  a  line  in  the  news 
sheets.  The  general  public  has  been  very  appreciative  of  the 
fact  that  an  Anthracite  Coal  Commission  brought  to  an  end  a 
great  strike.  It  has  been  quite  unmindful  of  the  much  more 
important  fact  that  operators  and  miners  have,  by  means  of 
agreements  drawn  up  and  signed  by  their  delegated  represent- 
atives, prevented  strikes  in  the  organized  bituminous  fields  for 
many  years.  This  popular  underestimate  is  clearly  a  false  one. 
John  Mitchell  does  not  exaggerate  when  he  says  that  "the  hope 
of  future  peace  in  the  industrial  world  lies  in  the  trade  agree- 
ment." 

It  is  a  hopeful  sign  that  these  agreements  are  increasing  in 
number.  Though  figures  of  any  one  year  may  be  misleading,  it 
is  beyond  doubt  that  the  custom  of  establishing  working  rela- 
tions in  this  way  is  slowly  gaining  ground.  It  is  better  not  to 
have  a  rapid  gain.  Too  rapid  an  increase  would  probably  be 
undesirable,  though  constant  agitation  and  urging  is  very  much 
to  be  desired.  Only  as  employers  and  employees  both  become 
fully  impressed  with  the  advantages  of  this  method  of  coopera- 
tion will  there  be  a  healthy  growth.  Mutual  confidence  is  essen- 
tial. As  unions  become  more  firmly  established,  as  they  pass 
beyond  the  first  period  of  danger  attendant  on  all  new  organiza- 
tions and  begin  to  realize  the  responsibility  of  their  newly 
acquired  power,  they  will  be  in  better  position  to  handle  this 
new  device.  In  many  instances  it  has  been  true  that  the  unions 
have  not  been  able  to  measure  up  to  this  responsibility.  At 
present  there  are  undoubtedly  unions  that  could  not  enter  upon 
this  line  of  bargaining  because  they  would  not  be  equal  to  its 
demands.  To  force  a  trade  agreement  policy  upon  such  or- 
ganizations would  not  alone  be  detrimental  to  their  own  develop- 
ment. It  would  react  very  unfavorably  upon  other  unions  and 
upon  the  policy  generally. 

Evidence  of  Growing  Spirit  of  Cooperation.  —  Trade  agree- 
ments should  be  regarded  as  much  more  than  devices  for  avoid- 
ing strikes  and  lockouts.  They  accomplish  more  than  the  mere 
suppression  of  outbreaks,  covering  over  a  condition  potentially 
dangerous  and  preventing  open  hostility.  They  must  be  re- 
garded as  an  index  of  more  positive  meaning.    They  reveal  a 


306    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

growing  willingness  on  the  part  of  each  side  to  recognize  the 
claims  of  the  other.  They  indicate  something  of  friendliness,  of 
more  cordial  cooperation  in  the  carrying  on  of  industry.  They 
mean  the  recognition  by  each  side  of  the  value  as  well  as  the 
necessity  of  collective  bargaining.  Collective  bargaining  re- 
duced to  definite  and  permanent  terms,  "put  down  in  black  and 
white,"  is  an  advanced  step  of  real  significance.  Trade  agree- 
ments begin  by  admitting  the  principle  of  collective  bargaining. 
They  recognize  the  existence  of  a  union  and  often  the  existence 
of  the  union.  They  recognize  the  fact  that  the  employer  has  an 
interest.  Even  employers'  associations  enter  into  these  agree- 
ments through  their  designated  officials  just  as  do  the  union 
workmen.  When  each  comes  to  sign  the  agreement,  it  is  realized 
then,  if  not  before,  that  sides  formerly  regarded  as  irreconcilably 
hostile  can  find  a  standing  ground  of  mutual  interest.  The  trade- 
union  agreement  represents  the  fundamental  thing  for  which 
unionism,  both  trade  and  industrial,  stands.  If  to  many  leaders 
the  trade  agreement  means  all  that  has  just  been  stated,  to 
others  it  means  even  more. 

Notable  Instances.  —  Of  special  seriousness  is  a  strike  in  a 
daily  newspaper  plant.  Realizing  this,  the  American  Newspaper 
Publishers'  Association  and  the  International  Typographical 
Union  of  the  United  States  and  Canada  have  maintained  a  trade 
agreement  that  is  notable.  After  years  of  fighting  in  which  both 
sides  sustained  losses  a  compromise  was  effected  in  1900  that 
was  at  the  time  regarded  as  somewhat  of  an  experiment.  It  was 
to  continue  in  force  for  one  year  and  provided  for  arbitration  of 
disputes  that  might  arise  within  that  time.  The  results  were  on 
the  whole  so  advantageous  that,  with  some  modifications  of  the 
details,  the  agreement  has  been  renewed  first  for  a  one  year 
period,  then  for  five  years  at  a  time.  The  agreement  is  now  in 
its  third  five-year  period  and  will  continue  until  April  30,  191 7, 
thus  making  seventeen  years  of  continuous  operation  of  a  trade 
agreement  in  this  industry.  By  the  provisions  of  this  agreement 
the  wages,  hours  of  labor  and  general  working  conditions  are 
adjusted.  By  no  means  the  least  important  part  of  the  agree- 
ment is  the  provision  for  arbitration  of  any  disputed  points  that 
may  arise  under  the  agreement.  Local  boards  and  a  national 
board  of  arbitration  are  provided  for.  The  local  boards  are 
composed  of  two  from  each  side,  the  local  union  and  the  Pub- 


THE  TRADE  AGREEMENT  307 

lishers'  Association.  If  they  do  not  reach  an  agreement  the 
hearing  is  opened  again  with  a  fifth  member  chosen  by  the 
president  of  the  International  Union  and  the  chairman  of  a 
special  committee  of  the  Publishers'  Association.  At  the  conclu- 
sion of  this  hearing,  the  original  four  members  attempt  to  reach  a 
decision.  If  they  do  not  succeed  then  the  chairman  casts  the 
deciding  vote.  An  appeal  may  be  made  to  the  national  arbitra- 
tion board.  This  board  is  unique  in  that  it  has  an  even  number 
of  members  one-half  from  each  side,  though  of  a  personnel  that  is 
not  directly  connected  with  the  case  at  issue.  The  idea  is  that 
if  the  case  has  any  justice  in  it,  it  will  be  possible  to  make  it 
appear  to  enough  members  of  both  sides  to  win  a  majority  vote. 
While  complications  are  very  easily  possible,  the  fact  that  this 
form  represents  an  evolution  of  twelve  years'  experience  is 
evidence  that  it  has  decided  advantages. 

An  agreement  was  entered  into  on  the  first  of  January,  19 13, 
between  the  Newspaper  Publishers'  Association  of  New  York 
City  and  Typographical  Union  No.  6  that  was  described  in  the 
New  York  State  Labor  Bulletin  as  "very  unusual  if  not  entirely 
unique."  The  agreement  provided  for  arbitration  of  cases  of 
discharge  of  union  men  by  foremen.  The  plan  was  adopted  as  a 
substitute  for  one  that  had  been  in  force  about  three  years  and 
which  experience  had  shown  to  be  too  complex  and  to  involve 
too  great  delay  in  settlement.  The  publishers  took  the  initiative 
in  bringing  about  the  adoption  of  the  new  plan.  Under  the  new 
agreement  the  provisions  for  employment  and  discharge  were 
fully  specified.  "When  a  member  is  discharged  for  any  of  the 
foregoing  reasons,  and  such  action  of  the  foreman  is  contested  by 
the  union  on  behalf  of  the  member  affected,  the  contention  shall 
be  referred  to  a  conference  committee  of  three  representatives  of 
the  employers  and  three  representatives  of  the  union."  A  deci- 
sion reached  by  this  conference  committee  was  to  be  final,  to  be 
accepted  by  both  parties.  "If  an  agreement  cannot  be  reached 
the  conference  committee  shall  select  a  seventh  member,  and  the 
decision  of  the  committee  as  thus  made  up  shall  be  final."  In 
case  the  conferees  failed  to  agree  on  the  seventh  person,  a  su- 
preme court  judge  was  to  make  the  appointment. 

Without  delay  the  joint  arbitration  committee  was  organized 
and  immediately  took  up  its  first  case.  A  compositor  had  been 
discharged  by  a  foreman  for  "incompetency,"  being  accused  of 


308    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

taking  too  much  time  in  setting  up  a  piece  of  work.  The  com- 
plaint was  that  the  foreman  had  been  "unduly  prejudiced" 
against  the  journeyman.  After  a  four-hour  hearing  the  arbi- 
trators decided  unanimously  in  favor  of  the  discharged  man  and 
ordered  his  return.  For  five  months  no  other  case  was  presented 
to  the  board.  The  opinion  was  expressed  in  the  printing  trade  of 
New  York  City  that  "  this  is  owing  to  the  fact  that  foremen  are 
exercising  more  than  ordinary  caution  in  the  matter  of  dis- 
missals, realizing  the  necessity  under  the  new  rule  of  showing 
good  and  sufficient  reasons  for  the  removal  of  workmen." 
Should  this  plan  prove  on  longer  trial  to  be  mutually  satisfactory 
there  is  reason  to  hope  for  its  further  extension,  not  only  in  the 
printing  trade  but  in  other  industries  which  have  developed 
stable  union  organization. 

Employers'  Attitude.  —  Especially  noteworthy  among  the 
evidence  of  increasing  popularity  of  trade  agreements  is  the 
changing  attitude  of  employers.  Not  all  of  them  by  any  means 
favor  this  policy.  Such  could  not  be  expected  in  an  industry 
where  unionism  is  yet  undeveloped  and  irresponsible,  or  where 
employers  themselves  still  cling  to  the  idea  that  there  must  be 
no  "outside  interference"  with  their  business.  In  many  lines  of 
industry,  as  has  already  been  shown,  trade  agreements  represent 
the  normal  method  of  establishing  collective  bargaining.  Among 
many  employers  there  is  an  awakened  sense  of  community  of 
interest.  This  expresses  itself  in  open  advocacy  of  the  definite 
contract  agreement.  They  appreciate  that  such  a  policy  leads  to 
stability  in  the  industry.  Many  now  operating  under  the  trade 
agreement  openly  declare  that  they  have  no  desire  to  return  to 
the  conditions  that  existed  prior  to  the  adoption  of  their  agree- 
ments. One  employer,  representing  this  class,  declares  that  he 
urges  his  men  both  to  join  the  union  and  to  attend  meetings 
regularly.  On  one  occasion  a  shop  committee  came  to  him  for  a 
conference.  He  asked  the  men  if  they  had  any  authority.  Upon 
their  reply  in  the  negative  he  told  them  to  go  back  and  get 
authority  from  their  union,  so  that  he  could  talk  with  them. 
"I  want  to  tell  you,"  he  says,  "that  there  are  some  mighty  good 
scrappers  in  these  committees,  and  they  tell  you  some  things 
that  you  would  never  learn  otherwise."  A  reason  frequently 
urged  for  retaining  agreements  is  that  they  insure  the  delivery  of 
a  contract  without  strike  interruption.    The  agreements  econ- 


THE  TRADE  AGREEMENT  309 

omize  effort  in  employing  men,  the  unions  do  not  try  to  interfere 
with  the  business.  The  employer  can  run  his  own  business  just 
the  same.  Hours  of  labor  and  wage  rates  are  both  "perfectly 
arbitrable."  Such  are  some  of  the  expressions  of  practical 
opinion  from  employers  who  have  had  experience. 

Again,  somewhat  more  philosophically,  an  employer  formu- 
lates the  principles  on  which  he  would  establish  trade  agree- 
ments, even  though,  based  on  them,  they  should  last  but  a 
year.  First:  Unions  are  a  natural  result  of  economic  conditions 
and  are  here  to  stay,  for  a  time  at  least,  and  longer  than  anyone 
can  predict  —  possibly  until  the  tendency  toward  other  forms 
of  control  is  also  met.  Second:  Employers'  associations  cannot 
destroy  unions.  Third:  No  progress  has  been  made  toward 
the  ultimate  solution  of  the  problem,  by  any  purely  "fighting 
associations."  Citizens'  alliances  and  employers'  associations 
have  afforded  effective  relief  and  have  corrected  many  abuses, 
but  they  have  not  disposed  of  the  union,  or  the  question  of 
relations  between  employer  and  employee.  Fourth:  Fair  agree- 
ments, based  upon  accurate  data,  honest  relations,  varying 
conditions,  and  upon  arbitration  (with  all  its  present  limitations) 
where  necessary,  suggest  far  more  rational  solutions  than  strikes 
and  lockouts,  intimidation  and  injunction,  with  their  attendant 
cost,  hardship  and  engendered  hatred. 

Educational  Influence.  —  Speaking  from  a  much  broader 
point  of  view,  Mr.  John  Graham  Brooks  says:  "If  anywhere 
in  the  future  the  wage  system  is  to  be  modified  in  the  direction 
of  more  cooperative  and  democratic  methods,  the  joint  agree- 
ment in  some  form  has  to  be  strengthened  and  extended.  For 
the  kind  of  education  we  most  need,  politically  and  industrially, 
I  do  not  know  a  more  disciplining  agency  now  working  in  the 
United  States  than  the  joint  agreement  as  it  may  be  seen,  for 
example,  in  our  soft  coal  districts  and  among  the  longshoremen 
and  cigarmakers  and  stove  makers."  To  this  may  be  added 
the  opinion  of  Mr.  John  Mitchell:  "It  must  not  be  supposed 
that  the  trade  agreement  will  prevent  all  strikes.  It  will  un- 
doubtedly minimize  these  industrial  conflicts,  by  obviating  mis- 
understandings, by  showing  each  side  the  position  of  the  other, 
by  creating  a  more  friendly  feeling  between  employers  and 
employees  and  finally  by  making  strikes  and  lockouts,  when 
they  do  occur,  so  wide-spread,  general  and  expensive,  that  their 


310    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

recurrence  will  be  avoided.  The  fact  that  failure  to  reach  an 
agreement  would  result  either  in  a  great  strike  or  a  general 
lockout  impels  each  side  to  respect  the  reasonable  demands  of 
the  other.  If  it  were  not  for  that  possibility,  the  more  radical 
and  uncompromising  elements  could  not  be  induced  to  forego 
their  claims.  With  each  new  agreement,  however,  both  sides 
become  more  conservative  and  more  willing  to  sacrifice  a  part 
of  their  demands,  and  with  each  passing  year,  the  industries 
in  which  trade  agreements  prevail  become  established  on  a 
firmer  and  more  permanent  foundation  of  peace." 

Estimate  of  Its  Value.  —  On  the  whole  the  evidence  seems 
conclusive  that  where  the  trade  agreement  is  developed  on  con- 
servative lines  and  entered  into  in  good  faith  by  both  parties, 
it  acts  decisively  as  a  steadying  influence.  It  has  been  shown 
as  a  matter  of  fact  that  where  well-adjusted  trade  agreements 
are  in  force  and  are  respected  alike  by  both  parties  the  mutual 
confidence  inspired  leads  to  the  elimination  of  many  of  the 
objectionable  practices  centering  around  the  restriction  of  mem- 
bership or  of  output  on  the  part  of  the  workmen  and  the  speed- 
ing up  processes  and  nerve  exhausting  paces  insisted  upon  by 
the  employer.  Interesting  evidence  is  stated  by  the  recent 
reports  of  the  Massachusetts  Bureau:  "It  would  appear  from 
a  study  of  the  prevalence  of  collective  agreements  and  from 
the  numerous  awards  which  have  been  made  by  boards  of  ar- 
bitration in  this  state  (Massachusetts)  that  the  industrial  agree- 
ment as  an  instrument  for  securing  industrial  harmony  is 
being  accepted  with  increasing  favor  by  both  employers  and 
employees." 

NEW  YORK  GARMENT  TRADES:  THE  PROTOCOL 

The  passing  of  the  agreement  in  the  garment  industry  of 
New  York  City  must  be  characterized  as  of  more  than  ordinary 
importance.  This  "protocol"  provided  for  the  preferential 
union  shop.  The  breaking  of  the  agreement  and  the  strike  of 
the  summer  of  19 15  led  to  the  appointment  of  a  council  of  six 
by  the  Mayor  of  the  city.  After  some  weeks  of  careful  investi- 
gation of  the  entire  situation  an  agreement  was  drawn  up  and 
was  accepted  without  change  by  the  contending  parties. 

The  New  Agreement.  —  This  agreement  marks  in  a  sense  a 


THE  TRADE  AGREEMENT  311 

return  to  principles  less  advanced  from  the  union  point  of  view 
than  those  on  which  the  preferential  union  shop  was  based. 
In  framing  its  statements  the  council  has  been  conspicuously 
successful  in  reducing  to  practical  working  terms  the  theoretical 
considerations  that  have  been  slowly  gaining  ground  in  the 
public  consciousness.  It  is  not  the  ideal  of  either  side,  nor  does 
it  go  as  far  as  the  advanced  leaders  of  public  thought  would 
like  to  go.  That  is  admitted  in  the  report.  It  is  not  an  ideal. 
It  is,  rather,  in  the  opinion  of  the  council,  all  of  the  ideal  that 
can  be  secured  at  present  through  the  voluntary  agreement 
of  all  parties. 

In  making  the  report  the  council  records  "on  behalf  of  the 
general  public  their  appreciation  of  the  peaceful  and  progres- 
sive relations  which  have  existed  in  the  cloak-making  industry 
during  the  past  five  years,  a  state  of  things  due  not  only  to  the 
enlightened  self-interest  of  the  employers  and  wage  earners, 
but  also  to  the  large  social  ideals  which  have  animated  both 
sides.  If  this  fair  prospect  has  for  the  moment  been  clouded, 
and  these  friendly  relations  have  suffered  a  temporary  inter- 
ruption, it  is  the  aim  and  the  hope  of  this  council  to  pave  the 
way  for  their  resumption,  not  only  to  prevent  ground  previously 
gained  from  being  lost,  but  to  bring  about  advance  in  new 
directions."  Tribute  is  paid  by  the  council  to  the  "very  notable 
achievement"  attained  in  the  adoption  and  operation  of  the 
"protocol."  Its  strong  points  should,  in  the  opinion  of  the 
council,  be  preserved,  and  it  should  be  altered  only  in  those  par- 
ticulars wherein  it  has  been  found  to  be  defective.  In  its  en- 
deavor to  accomplish  this  the  council  lays  down  a  "fundamental 
rule"  that  must  be  regarded  as  a  distinct  advance  in  the  general 
field  of  industrial  adjustment.  It  is  quoted  at  length  together 
with  the  application  made  to  each  party  in  accordance  with  it. 

The  Council's  "Fundamental  Rule."  —  " In  the  endeavor 
to  work  out  the  plan  of  a  new  compact  of  this  sort  the  council 
has  laid  down  the  following  fundamental  rule: 

"That  the  principle  of  industrial  efficiency  and  that  of  respect 
for  the  essential  human  rights  of  the  worker  should  always  be 
applied  jointly,  priority  being  assigned  to  neither.  Industrial 
efficiency  may  not  be  sacrificed  to  the  interests  of  the  workers; 
for  how  can  it  be  to  their  interest  to  destroy  the  business  on 
which  they  depend  for  a  living,  nor  may  efficiency  be  declared 


312    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

paramount  to  the  human  rights  of  the  workers;  for  how  in  the 
long  run  can  the  industrial  efficiency  of  a  country  be  main- 
tained if  the  human  values  of  its  workers  are  diminished  or 
destroyed.  The  delicate  adjustment  required  to  reconcile  the 
two  principles  named  must  be  made.  Peace  and  progress  de- 
pend upon  complete  loyalty  in  the  effort  to  reconcile  them. 

"We,  therefore,  find: 

"I.  Under  the  present  competitive  system  the  principle  of 
industrial  efficiency  requires  that  the  employer  shall  be  free 
and  unhampered  in  the  performance  of  the  administrative 
functions  which  belong  to  him,  and  this  must  be  taken  to  in- 
clude: 

"  (a)  That  he  is  entirely  free  to  select  his  employees  at  his 
discretion. 

"  (b)  That  he  is  free  to  discharge  the  incompetent,  the  in- 
subordinate, the  inefficient,  those  unsuited  to  the  shop  or  those 
unfaithful  to  their  obligations. 

"  (c)  That  he  is  free  in  good  faith  to  reorganize  his  shop  when- 
ever, in  his  judgment,  the  conditions  of  business  should  make 
it  necessary  for  him  to  do  so. 

"  (d)  That  he  is  free  to  assign  work  requiring  a  superior  or 
special  kind  of  skill  to  those  employees  who  possess  the  req- 
uisite skill. 

"  (e)  That  while  it  is  the  dictate  of  common  sense,  as  well  as 
common  humanity,  in  the  slack  season  to  distribute  work  as 
far  as  possible  equally  among  wage  earners  of  the  same  level 
and  character  of  skill,  this  practice  cannot  be  held  to  imply  the 
right  to  a  permanent  tenure  of  employment,  either  in  a  given 
shop  or  even  in  the  industry  as  a  whole.  A  clear  distinction 
must  be  drawn  between  an  ideal  aim  and  a  present  right. 

"The  constant  fluctuations  —  the  alternate  expansions  and 
contractions  to  which  the  cloak-making  industry  is  so  peculiarly 
subject,  and  its  highly  competitive  character,  enforce  this  dis- 
tinction. But  an  ideal  aim  is  not  therefore  to  be  stigmatized  as 
Utopian,  nor  does  it  exclude  substantial  approximations  to  it  in 
the  near  future.  Such  approximations  are  within  the  scope  of 
achievement,  by  means  of  earnest  efforts  to  regularize  employ- 
ment and  by  such  increase  of  wages  as  will  secure  an  average 
adequate  for  the  maintenance  of  a  decent  standard  of  living 
throughout  the  year.     The  attempt,  however,  to  impose  the 


THE  TRADE  AGREEMENT  313 

ideal  of  a  permanent  tenure  of  employment  upon  the  cloak- 
making  industry  in  its  present  transitional  stage  is  impractica- 
ble, calculated  to  produce  needless  irritation  and  injurious  to  all 
concerned. 

"II.  In  accordance  with  the  rule  above  laid  down  that  the 
principle  of  efficiency  and  that  of  respect  for  the  human  rights  of 
the  workers  must  be  held  jointly  and  inseparably,  we  lay  down  — 

"(a)  That  the  workers  have  an  inalienable  right  to  associate 
and  organize  themselves  for  the  purpose  of  maintaining  the 
highest  feasible  standard  as  to  wages,  hours,  and  conditions,  and 
of  still  further  raising  the  standards  already  reached. 

"(b)  That  no  employee  shall  be  discharged  or  discriminated 
against  on  the  ground  that  he  is  participating  directly  or  in- 
directly in  union  activities. 

"(c)  That  the  employees  shall  be  duly  safeguarded  against 
oppressive  exercise  by  the  employer  of  his  functions  in  connection 
with  discharge  and  in  all  other  dealings  with  the  workers.  It  is 
to  be  carefully  noted  that  the  phrase  'oppressive  exercise  of 
functions'  need  not  imply  a  reflection  on  the  character  and  in- 
tentions of  the  high-minded  employer. 

"An  action  may  be  oppressive  in  fact,  even  though  inspired  by 
the  most  benevolent  purpose.  This  has  been  amply  demon- 
strated by  experience.  No  human  being  is  wise  enough  to  be 
able  to  trust  his  sole  judgment  in  decisions  that  affect  the  wel- 
fare of  others;  he  needs  to  be  protected,  and  if  he  is  truly  wise  will 
welcome  protection  against  the  errors  to  which  he  is  liable  in 
common  with  his  kind,  as  well  as  against  the  inspirations  of 
passion  or  selfishness. 

"For  this  reason  a  tribunal  of  some  kind  is  necessary,  in  case 
either  of  the  parties  to  this  covenant  believes  itself  to  be  un- 
justly aggrieved.  And  because  the  construction  of  such  a 
tribunal  is  a  delicate  and  difficult  task,  demanding  the  greatest 
care,  lest  on  one  hand  the  movements  of  industry  be  clogged  by 
excessive  litigation,  and  lest  on  the  other  hand  the  door  of 
redress  be  closed  against  even  the  most  real  and  justified  com- 
plaint, therefore, 

"III.  In  accordance  with  these  general  principles  the  council 
propose  that  an  agreement  be  entered  into  by  the  Cloak,  Suit 
and  Skirt  Manufacturers'  Protective  Association,  and  the  Inter- 
national Ladies'  Garment  Workers  Union  and  the  Joint  Board  of 


314    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Cloak  and  Skirt  Makers'  Unions  embodying  these  principles  and 
providing  the  following: 

' '  (a)  Every  complaint  from  either  organization  to  the  other 
shall  be  in  writing,  and  shall  specify  the  facts  which,  in  the 
opinion  of  the  complaining  organization,  constitute  the  alleged 
grievance,  and  warrant  its  presentation  by  one  organization  to 
the  other.  Such  complaints  shall  be  investigated  in  the  first 
instance  by  the  representatives  of  the  two  associations,  chosen 
for  the  purpose,  it  being  impressed  upon  them  that  they  use  and 
exhaust  every  legitimate  effort  to  bring  about  an  adjustment  in 
an  informal  manner.  In  case,  however,  an  adjustment  by  them 
be  not  reached,  the  matters  in  dispute  shall  be  referred  for  final 
decision  to  a 

"(b)  Trial  board  of  three,  consisting  of  one  employer,  one 
worker,  and  one  impartial  person,  the  latter  to  be  selected  by 
both  organizations,  to  serve  at  joint  expense  and  to  be  a  standing 
member  in  all  cases  brought  before  the  board.  The  remaining 
two  members  shall  be  selected  as  follows: 

"The  association  and  the  union  shall  each  make  up  a  list  of 
ten  persons,  to  be  approved  by  the  other.  From  these  two  lists, 
as  each  case  arises,  each  party  shall  select  one  person." 

Many  of  the  leading  provisions  of  the  former  agreement  were 
embodied  without  change.  These  pertained  to  the  shop  condi- 
tions, the  use  of  machines,  the  subcontracting,  the  charges  for 
material,  the  home  work,  and  the  many  other  details  that  did 
so  much  toward  clearing  up  the  earlier  situation  of  many  of  its 
most  perplexing  problems.  In  this  is  included  the  very  impor- 
tant provision  for  the  joint  board  of  sanitary  control. 

The  Union  Shop.  —  With  reference  to  the  union  shop,  it  is 
provided  that  "  each  member  of  the  manufacturers  is  to  maintain 
a  union  shop,  a  '  union  shop '  being  understood  to  refer  to  a  shop 
where  union  standards  as  to  working  conditions,  hours  of  labor, 
and  rates  of  wages  as  herein  stipulated  prevail,  and  where,  when 
hiring  help,  union  men  are  preferred,  it  being  recognized  that, 
since  there  are  differences  in  degrees  of  skill  among  those  em- 
ployed in  the  trade,  employers  shall  have  freedom  of  selection 
as  between  one  union  man  and  another,  and  shall  not  be  con- 
fined to  any  list,  nor  bound  to  follow  any  prescribed  order  what- 
ever." All  existing  agreements  with  present  employees  are  to  be 
observed  and  the  manufacturers  "declare  their  belief  in  the 


THE  TRADE  AGREEMENT  315 

union,  and  that  all  who  desire  its  benefits  should  share  in  its 
burdens." 

Responding  to  the  requests  made  by  the  Mayor  and  others  the 
council  states  its  willingness  to  remain  organized  for  a  longer 
period  for  the  purpose  of  investigating  more  thoroughly  "the 
fundamental  problems  of  regularization,  standards  of  wages,  and 
enforcement  of  standards  throughout  the  industry,  of  trade 
education,  and  a  more  thorough  organization  of  the  industry, 
and  on  the  basis  of  such  investigation  it  shall  submit  a  construc- 
tive policy  to  both  organizations." 

"Finally,  since  peace  in  industry,  as  in  families  and  among 
States,  is  the  offspring  of  good  will,  and  since  no  peace  can  be 
sound  or  enduring  that  is  not  based  on  this  indispensable  pre- 
requisite, it  is  agreed  that  the  leaders  on  both  sides  shall  exert 
their  utmost  endeavors  to  create  a  spirit  of  mutual  good  will 
among  the  members  of  their  respective  organizations,  such  good 
will  taking  the  specific  form  of  a  disposition  to  recognize  the 
inherent  difficulties  which  each  side  has  to  meet  —  a  spirit  of 
large  patience  under  strain,  and  withal,  a  belief  in  the  better 
elements  which  exist  in  human  nature,  be  it  among  employers  or 
wage  earners,  and  the  faith  that  an  appeal  to  these  elements  will 
always  produce  beneficent  results.  These  recommendations, 
when  accepted  by  both  parties,  shall  constitute  the  agreement 
between  them." 

Estimate  of  Importance  of  New  Agreement.  —  An  analysis 
of  the  agreement  reveals  a  meaning  that  may  be  regarded  as  of 
either  much  or  little  importance.  Evidently  the  conditions  of 
employment  and  the  security  of  union  men  will  be  the  crucial 
test.  The  specific  guarantee  of  the  preferential  union  shop  that 
assured  the  union  man  a  preference  has  been  abandoned.  In 
its  place  appears  the  form  of  statement  that  has  from  the  begin- 
ning caused  so  much  of  the  trouble.  The  employer  is  to  be 
entirely  free  to  select  his  employees  at  his  discretion;  to  dis- 
charge the  incompetent,  the  insubordinate,  the  inefficient,  those 
unsuited  to  the  shop  or  those  unfaithful  to  their  obligations. 
On  the  other  hand,  the  employee  is  not  to  be  discharged  or  dis- 
criminated against  because  he  may  be  participating  in  union 
activities,  and  he  is  to  be  duly  safeguarded  against  an  op- 
pressive exercise  of  the  employers'  functions  of  discharging 
workmen. 


3l6    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

That  the  second  part  of  the  agreement  cannot  be  fully  ad- 
hered to  without  a  limitation  on  the  entire  freedom  of  the 
employer  to  hire  and  discharge  is  very  evident.  The  effort  is 
made  to  reconcile  these  two  "freedoms"  in  the  statement  which 
asserts  the  equal  importance  of  the  principle  of  efficiency  on  the 
one  hand  and  that  of  respect  for  the  human  rights  of  workers  on 
the  other.  These  two  principles  are  to  be  held  "jointly  and 
inseparably." 

Whether  this  can  be  done  remains  to  be  seen.  The  study  of 
the  experiences  discussed  in  the  chapter  on  The  Closed  Shop 
does  not  offer  much  encouragement.  Efficiency  as  manifested 
in  "scientific  management,"  according  to  the  study  made  for 
the  Commission  on  Industrial  Relations,  does  not  appear  to 
give  enough  attention,  in  practice,  to  the  human  rights  of 
labor. 

While  the  declared  purpose  of  the  council  in  framing  the  terms 
of  agreement  is  to  be  practical,  to  observe  the  clear  distinction 
between  an  ideal  aim  and  a  present  right,  it  does  not  point  out 
in  what  way  these  two  principles,  theoretically  joint  and  in- 
separable, can  be  kept  so  in  application.  Two  ways  are  pro- 
posed. The  one  is  by  the  formation  of  the  trial  board  before 
whom  grievances  may  be  brought.  This  involves  the  wholesome 
element  of  publicity  and  may  do  much  in  holding  in  check  the 
more  selfish  instincts  of  both  parties.  The  other  is  an  appeal  to 
the  moral  obligation  of  both.  Mutual  good  will  is  to  be  the 
atmosphere  of  the  agreement;  such  good  will  as  will  take  "the 
specific  form  of  a  disposition  to  recognize  the  inherent  difficulties 
which  each  side  has  to  meet";  a  "spirit  of  large  patience  under 
strain";  a  "belief  in  the  better  elements  which  exist  in  human 
nature";  and  a  "faith  that  an  appeal  to  these  elements  will 
always  produce  beneficial  results."  These  statements  of  moral 
attitude  and  the  statement  of  the  more  specific  points  together 
constitute  the  agreement. 

On  the  face  of  this  new  agreement  it  appears  that  the  same  old 
elements  of  discord  are  present.  Whether  or  not  they  cause 
trouble  will  depend  not  so  much  upon  the  terms  of  the  agreement 
as  upon  its  spirit.  It  also  appears  that  a  distinct  step  forward 
has  been  made  in  the  attempt  to  coordinate  two  principles, 
making  them  both  equal  and  inseparable,  in  face  of  the  recog- 
nized difficulty  of  doing  so;  and  further  in  making  the  mutual 


THE  TRADE  AGREEMENT 


317 


moral  obligations  rather  definitely  stated  a  part  of  the  agree- 
ment. This  virtually  constitutes  the  trial  board  as  a  moral  as 
well  as  a  legal  tribunal.  The  educative  value  of  this  agreement 
cannot  be  doubted.  What  it  will  mean  to  the  future  of  the 
garment  industry  remains  to  be  revealed. 


CHAPTER  XIX 

RESTRICTION   OF   MEMBERSHIP  AND   OUTPUT 

There  is  much  discussion  and  much  difference  of  opinion 
over  the  question  of  restriction  of  membership  and  the  limita- 
tion of  output.  On  these  two  points  the  grounds  on  which 
intelligent  judgment  may  be  based  are  very  unsatisfactory. 
Reliable  information  is  difficult  to  secure,  and  the  facts  that 
may  be  known  are  not  so  easily  explained  or  interpreted. 

RESTRICTION   OF   MEMBERSHIP 

To  what  extent  membership  in  unions  and  the  apprenticing 
of  new  men  are  regulated  cannot  be  stated  with  accuracy. 
Every  union  has  its  conditions  of  membership,  usually  stated 
in  its  constitution.  This  is  a  matter  that  is  relatively  public. 
There  are  the  initiation  fees,  the  willingness  to  pay  the  regular 
dues  and  the  assessments,  the  requirements  of  the  constitution 
and  by-laws,  and  the  election  ("being  voted  in").  In  some 
cases  these  matters  are  left  for  determination  largely  to  the 
locals.  The  tendency  seems  to  be  toward  establishing  uni- 
formity among  locals  of  the  same  union  in  all  of  these  re- 
quirements. In  some  instances  of  the  more  skilled  trades, 
the  candidate  must  pass  an  examination.  These  examina- 
tions are  not  standardized.  They  are  set  by  members  of 
the  locals  and  the  examination  is  graded  by  the  same  mem- 
bers. Sometimes  these  examinations  have  a  real  value  and 
at  other  times  they  appear  little  less  than  ludicrous.  On 
one  occasion  a  harpist  was  to  be  employed  in  the  Metropolitan 
Opera  House  Orchestra.  Before  the  agreement  could  be  com- 
pleted an  examination  must  be  given  by  the  officers  of  the 
musicians'  union  preliminary  to  admission  to  membership  in 
the  local.  The  harp  was  taken  on  a  dray  to  the  office  of  the 
examiner  "over  on  the  east  side,"  the  examination  was  satis- 

318 


RESTRICTION  OF  MEMBERSHIP  AND  OUTPUT         319 

factorily  passed  and  the  whole  matter  adjusted,  apparently 
without  difficulty. 

Obviously  the  degree  of  restriction  established  in  the  way 
of  membership  depends  quite  entirely  upon  the  spirit  in  which 
these  various  regulations  are  administered.  Even  in  the  face 
of  quite  uniform  standards,  there  is  possibility  of  wide  variation 
in  the  application.  In  times  of  adversity,  when  membership 
may  be  dropping  off,  it  is  quite  possible  to  adjust  the  application 
of  rules  so  as  to  induce  men  to  join.  If,  on  the  other  hand,  the 
reverse  conditions  prevail,  the  tests  may  be  made  more  rigid. 

Of  ninety-four  national  unions  examined  by  Professor  Adams 
it  appeared  that  twenty  had  passed  no  provisions  relating  to 
admission  to  membership.  Thirty-eight  had  provided  merely 
that  the  applicant  must  be  a  competent  workman.  Eighteen 
required  three  years  or  more  of  service  in  the  trade.  Fifteen 
required  two  years  or  less  of  similar  service.  Membership  of 
employers,  foremen,  or  others  who  would  have  the  power  to 
discharge  workmen  was  prohibited  in  fourteen  unions,  while 
in  eleven  others  such  membership  was  allowed  under  certain 
conditions.  White  persons  only  were  admitted  in  seven  unions. 
There  were  scattering  instances  of  other  limitations  such  as 
persons  directly  interested  in  the  liquor  business  and  discrimi- 
nation on  account  of  nationality  or  citizenship.  Speaking  in 
general  of  the  results  of  the  study  Professor  Adams  was  of  the 
opinion  that  "the  cases  are  rare  in  which  a  union  deliberately 
refuses  to  receive  a  body  of  competent  workmen  and  then 
boycotts  them  as  'scabs.'" 

Apprentices.  —  As  to  the  number  of  apprentices  the  situation 
is  much  the  same.  Here  again  rules  made  by  locals  vary  and 
they  are  enforced  with  different  degrees  of  strictness.  The 
reasons  for  the  situation  are  somewhat  different,  however.  Tra- 
dition has  preserved  for  us  the  word  apprentice,  while  modern 
industry  has  greatly  modified  its  meaning.  In  earlier  days 
the  working  unit  was  the  master,  the  journeyman  and  the 
apprentice.  The  relations  were  much  more  intimate  than  those 
of  the  modern  employer  and  his  workman.  The  purpose  was 
largely  educational.  Master  and  journeyman  were  alike  inter- 
ested in  seeing  that  the  apprentice  was  well  grounded  in  the  trade. 
Changes  were  so  moderate  that  they  seldom  interfered  with 
the  personal  interests  of  any  member  of  the  trio.    In  present 


320    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

conditions  the  educational  element  is  quite  wholly  lacking.  The 
employer  is  after  profits.  He  fits  his  labor  supply,  just  as  he 
fits  the  supply  of  any  other  element  of  the  business,  to  the  end 
of  larger  profits.  Against  this  the  laborer  seeks  to  defend  him- 
self through  his  organization.  Young  men,  quicker  and  more 
adaptable,  soon  acquire  enough  skill  to  take  the  places  of  their 
older  instructors.  Profits  dictate  that  the  substitution  shall 
be  made.  To  this  inclination  on  the  part  of  the  employer  the 
laborer  replies  with  a  refusal  to  furnish  instruction  as  freely 
as  the  employer  may  wish.  This  situation  is  the  historical  suc- 
cessor to  the  older  apprenticeship  system  in  the  days  of  domestic 
industry.  Further,  it  may  be  added  that  the  employer's  ob- 
jection to  a  restriction  on  immigration  is  based  upon  his  desire 
for  a  good  labor  market.  Unable  to  restrict  the  coming  of  the 
immigrants,  efforts  are  made  to  set  up  the  barriers  at  the  door 
of  the  trade  and  resist  the  unrestricted  admission  of  apprentices. 

Some  investigations  have  been  made  into  the  facts  of  this 
restriction.  Professor  Bemis  has  found  that  of  forty-eight 
nationals  with  a  combined  membership  of  500,000,  there  were 
28,  with  a  membership  of  222,000,  which  made  no  restrictions 
as  to  number  of  apprentices.  Ten  more,  with  a  membership 
of  197,000,  left  the  question  to  the  locals.  These  latter  were 
practically  all  carpenters,  printers,  cigar  makers,  painters  and 
decorators.  In  the  Chicago  local  of  cigar  makers  there  were 
between  700  and  800  apprentices  to  a  membership  of  1,900.  In 
the  typographical  local  the  rules  would  have  permitted  250 
apprentices  and  there  were,  in  fact,  140.  In  another  instance 
an  investigation  of  1,255  printing  establishments  outside  of  the 
large  city  dailies  revealed  the  presence  of  7,599  journeymen 
printers  and  3,710  apprentices  and  helpers.  Other  instances 
support  the  same  evidence.  It  appears  that  there  is  not  the 
general  restriction  that  is  supposed  in  some  quarters  to  exist. 
Concluding,  Professor  Bemis  adds  that  "As  final  proof  that 
the  trade  unions  are  losing  interest  to  a  great  degree  in  the 
restriction  of  apprentices,  reference  may  be  made  to  the  small 
number  of  strikes  for  this  purpose." 

As  illustrating  the  two  sides  of  the  problem  the  situation  in 
the  carpenter  trade  may  be  referred  to.  The  Brotherhood  of 
Carpenters  and  Joiners  claimed  to  admit  anyone  of  sufficient 
skill  and  to  encourage  boys  who  wished  to  learn  the  trade.    A 


RESTRICTION  OF  MEMBERSHIP  AND  OUTPUT  321 

local  established  the  rule  that  one  boy  should  be  allowed  as 
apprentice  for  each  ten  men.  This  was  charged  against  them 
as  an  instance  of  unwarranted  restriction  and  was  eagerly  cir- 
culated by  the  employers.  Not  so  generally  was  it  known 
that  there  were  at  the  time  in  the  same  city  3,000  idle  car- 
penters, all  young,  able-bodied  and  skilled.  In  the  light  of 
this  fact,  well  known  to  the  members  of  the  union,  the  restric- 
tion does  not  appear  to  be  so  burdensome. 

Reasons  for  Restriction.  —  There  are  quite  generally  two 
reasons  advanced  by  those  who  do  establish  some  limitation. 
First,  it  is  the  necessity  for  securing  thorough  training  on  the 
part  of  those  who  do  learn  the  trade.  Second,  it  is  for  the  pur- 
pose of  keeping  up  or  raising  the  wages  through  a  limitation 
of  the  supply  of  skilled  labor. 

Conclusions.  —  While  it  cannot  be  said  that  there  is  no  longer 
cause  for  complaint  on  the  part  of  employers,  it  does  not  appear 
that  the  situation  is  as  serious  as  it  is  presented  by  some.  It 
seems  quite  probable  that  even  the  rules  that  do  exist  are  to 
no  small  degree  survivals  of  an  earlier  practice.  They  have 
never  been  repealed.  They  are  not  enforced  with  very  great 
vigor.  Modern  conditions  have  made  the  rules  of  very  little 
practical  importance.  To  the  more  capable  among  the  leaders 
it  has  appeared  that  the  whole  policy  is  a  short-sighted  one. 
Trades  are  not  so  difficult  to  learn  that  beginners  are  dependent 
on  unionists  for  their  instruction.  It  is  beginning  to  appear 
that  it  is  of  more  importance  to  teach  both  the  trade  and  the 
principles  of  unionism  than  to  refuse  to  teach  the  trade  and 
lose  the  opportunity  to  control  the  new  member  as  a  unionist. 
The  union  which  adopts  the  policy  of  such  restriction  "while 
working  with  one  hand  for  the  complete  organization  of  its 
industry,  cultivates  a  new  crop  of  non-unionists  with  the  other." 
The  questions  inherent  in  the  situation  are  much  broader  than 
the  questions  of  unionism.  They  reach  out  into  much  wider 
fields.  Industrial  training,  industrial  education,  the  proper 
adjustment  of  employments  and  of  unemployment,  the  dis- 
tribution of  immigrants,  all  are  perplexing  questions.  The 
proper  distribution  of  apprentices  is  but  a  phase  of  the  much 
larger  group  of  questions. 

From  the  report  of  the  Commission  on  Industrial  Relations 
it  is  learned  that  there  are  a  few  unions  that  do  adopt  the  prac- 


322    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

tice  of  excluding  qualified  persons  from  membership  through  the 
device  of  high  membership  dues  and  initiation  fees  and  other 
means.  Such  a  policy,  it  is  asserted,  "is  condemned  by  the 
more  important  unions  and  is  prohibited  by  their  rules." 

RESTRICTION  OF   OUTPUT 

Laborers*  Motive.  —  The  earlier  economists  who  explained 
so  glibly  the  wage-fund  doctrine  taught  the  laborers  a  lesson 
that  they  have  not  been  slow  to  apply.  If,  as  these  economists 
claimed,  there  was  a  fund  set  apart  for  wages  and  this  amount 
must  be  made  to  "go  around,"  it  was  evident  that  a  large 
number  of  workers  meant  a  small  wage.  It  was  as  evident  as 
arithmetic  itself,  which  declares  that  a  fixed  dividend  and  a 
large  divisor  mean  a  small  quotient.  The  logic  of  such  a  posi- 
tion leads  very  naturally  to  the  practice  of  restriction  of  appren- 
tices and  of  output  as  well. 

But  while  this  theoretical  discussion  has  beyond  doubt  had 
its  effect  on  the  mind  of  the  laborer,  it  partakes  most  too  much 
of  theory  to  furnish  a  leading  motive.  The  laborer's  reasons  for 
acting  as  he  does  are  more  practical.  If  there  are  twenty  houses 
to  paint,  the  jobs  will  last  longer  if  five  men  are  put  on  than  if 
double  the  number  are  set  to  work.  If  there  is  an  order  for  five 
hundred  pairs  of  shoes,  the  job  will  last  longer  if  the  men  take 
their  time  than  if  they  rush  the  work.  In  this  very  concrete 
way  it  is  easy  for  a  workman  whose  outlook  is  no  wider  than 
the  narrow  bit  of  work  that  he  does  to  insist  on  putting  a  limit 
to  his  efforts  in  order  to  make  the  job  last  longer.  Wider  con- 
siderations do  not  influence  him.  For  him,  it  is  quite  simply 
personal.  He  has  a  family  to  provide  for.  When  work  is  scarce 
the  employer  lays  off  men.  He  may  be  laid  off  at  the  end  of 
the  very  job  on  which  he  is  working.  This  attitude  is  not  pe- 
culiar to  organizations  of  labor.  It  is  human  nature.  But  when 
one  is  a  member  of  a  union,  his  next  concern  after  his  own 
personal  and  family  interests  is  for  those  of  his  fellow  unionists. 
He  is  willing  to  assist  them.  This  willingness  is  the  more 
hearty  because  of  their  inclination  to  assist  him.  This  bond 
of  union  between  the  organized  members  of  a  trade  is  not  a  new 
thing.  It  is  simply  more  intensified  by  the  fact  of  association 
and  the  realization  of  interdependence. 


RESTRICTION  OF  MEMBERSHIP  AND  OUTPUT         323 

The  Facts  of  Restriction.  —  As  to  the  facts  of  this  case,  it 
must  be  said  that  they  are  at  best  confusing.  The  constitutions 
of  unions  and  the  published  by-laws  of  the  locals  do  not  make 
public  what  the  policy  is.  Rules  are  established  that  are  gen- 
erally regarded  as  secret.  Just  what  they  are  is  consequently 
difficult  for  the  public  to  know.  If  this  fact  is  realized  at  the 
outset,  it  becomes  a  wholesome  antidote  to  the  many  rumors 
and  false  reports  that  find  their  way  into  print.  Employers 
who  are  particularly  desirous  of  creating  a  public  opinion  favor- 
able to  themselves  will  often  misstate  or  give  a  false  inference 
to  some  things  that  happen  in  the  shop.  Energetic  reporters, 
looking  for  the  striking  and  the  sensational,  will  send  in  as 
news  statements  that  are  either  partly  or  wholly  false.  These 
statements  impress  the  unionist  as  so  obviously  libelous  of  his 
local  and  his  union  associates  that  they  are  denied  with  a  ve- 
hemence that  often  carries  the  defendant  as  far  to  the  other 
side  of  the  truth. 

Sifted  of  these  dangers,  the  facts  seem  to  stand  out  that 
limitation  of  output  is  purposely  practiced  by  laborers,  in 
unions  as  well  as  out;  that  there  are  locals  whose  members  have 
deliberately  adopted  rules  providing  for  such  restriction  and 
imposing  a  penalty  for  their  violation;  that  the  extent  of  this 
limitation  has  often  been  exaggerated  in  public  discussion. 
Rules  have  been  found  to  be  in  force  in  some  locals  such  as  the 
following:  "Any  member  guilty  of  excessive  work  or  rushing 
on  any  job  shall  be  reported,  and  shall  be  subject  to  a  fine  of 
five  dollars."  "Any  member  who  does  an  unreasonable  amount 
of  work,  or  who  acts  as  leader  for  his  employer  for  the  purpose 
of  getting  all  the  work  possible  out  of  the  men  working  in  the 
same  shop  or  job  with  him  shall  be  fined  for  the  first  offence  ten 
dollars;  for  the  second  offence  he  shall  be  suspended  or  ex- 
pelled." Any  member  introducing  piece  work  where  it  does 
not  now  exist;  or  any  member  running  two  machines  where  one 
had  been  run  before  by  one  man  became  subject  to  expulsion. 
In  many  other  instances  it  appears  to  be  well  established  that 
laws  and  rules  have  been  not  only  enacted  but  often  enforced 
in  order  to  accomplish  restriction  of  output. 

With  reference  to  the  introduction  of  machinery,  one  form  of 
restriction,  the  situation  is  much  the  same.  In  this  regard  the 
hostility  is  traditional.    It  has  passed  quite  beyond  the  machine- 


324    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

smashing  stage,  yet  there  still  is  antagonism.  Stogie  makers 
refusing  to  admit  machine  workers  to  their  union;  iron  molders 
doing  the  same;  coopers  opposing  the  making  of  casks  and  bar- 
rels by  machines;  stone  cutters  and  plumbers  ordering  the 
members  to  have  nothing  to  do  with  certain  mechanical  im- 
provements; flint  glass  workers  proposing  to  the  employers  that 
a  machine  for  blowing  lamp  chimneys  be  bought  up  and  elimi- 
nated, the  price  of  chimneys  being  advanced  to  cover  the  cost; 
plate  printers  insisting  on  keeping  hand  presses  for  years  in  the 
United  States  Bureau  of  Engraving  and  Printing;  —  such  are 
a  few  of  the  many  instances  of  such  a  policy. 

Employers'  Share  of  Responsibility.  —  Before  passing  judg- 
ment on  such  acts,  another  group  of  facts  should  be  called  to 
mind.  Employers  on  occasion  do  not  hesitate  to  restrict  out- 
put. It  is  generally  regarded  in  many  quarters  as  a  legitimate 
act  to  limit  output  in  order  to  steady  the  market  or  to  steady 
prices.  This  is  the  same  as  saying  that  the  restriction  is  to 
prevent  a  fall  in  prices.  Another  form  of  restriction  is  more 
generally  heard  of  and  less  easily  justified.  It  is  a  restriction 
in  order  to  increase  profits.  Monopoly  profit  may  often  be 
very  materially  increased  by  this  plan.  It  is  also  true  that 
employers  sometimes  resist  the  introduction  of  machinery  or 
mechanical  appliances.  It  is  common  knowledge  that  air 
brakes  on  freight  cars  are  of  undoubted  advantage.  Yet  it  was 
necessary  to  enact  legislation  requiring  this  equipment  before 
it  was  used.  It  was  a  hard  fight  to  get  the  legislation  and  for  a 
time  even  then  there  was  difficulty  in  enforcing  the  law.  The 
same  experience  will  be  recalled  in  connection  with  automatic 
couplers.  Child  labor  is  continued,  as  is  often  stated,  because 
without  it  machines  would  have  to  be  installed  to  do  the  work 
at  so  small  a  cost.  The  buying  up  and  suppressing  of  patents 
is  a  fact  that  does  not  any  longer  need  proof.  Such  facts  as 
these  in  regard  to  the  employer  should  not  be  left  out  of  ac- 
count. 

Evidently  both  laborers  and  employers  have  been  guilty  of 
these  practices.  That  they  are  contrary  to  public  policy  is  a 
fact  that  needs  no  arguing.  That  they  are  done  in  accordance 
with  a  short-sighted  view  of  self-interest  should  be  clearly 
evident. 

But  there  is  still  more  to  the  subject.     If  the  employer  is 


RESTRICTION  OF  MEMBERSHIP  AND  OUTPUT         325 

known  to  adjust  his  output  and  his  use  of  machinery  for  the 
purposes  of  larger  profits,  it  may  appear  to  the  laborer  that  he 
may  shape  his  course  with  regard  to  output  and  machines  for 
the  same  object.-  The  morals  of  the  reasoning  are  not  very 
sound.  But  nevertheless  the  laborer  has  adopted,  more  or  less 
consciously,  just  this  reasoning. 

Conclusions.  —  From  what  has  already  been  said  it  appears 
that  certain  conclusions  may  be  pretty  definitely  made.  It 
must  be  admitted  that  workmen,  both  union  and  non-union, 
do  as  a  matter  of  fact  restrict  their  output.  Even  granted  that 
many  popular  estimates  of  its  extent  are  exaggerated,  there 
remains  truth  in  the  accusation.  None  the  less  the  exaggera- 
tion must  not  be  lost  sight  of.  Further,  it  is  doubtless  true  that 
some  restriction  is  due  to  false  economic  reasoning,  a  remnant 
of  the  old  wage-fund  doctrine.  Some  is  due  also  to  the  rem- 
nant of  the  tradition  established  in  the  machinery-wrecking  days 
of  the  early  factory  period.  Again  some  is  due  to  the  inspira- 
tion of  the  employers'  example  of  restriction  to  gain  his  per- 
sonal ends.  With  these  several  causes  in  mind  it  will  be  more 
accurate  to  say  that  restriction  of  output,  so  far  as  it  is  prac- 
ticed, is  the  resultant  of  these  several  causes,  a  cumulative  force 
that  prompts  laborers  to  act  without  any  philosophical  analysis 
of  the  reasons. 

Labor's  Reply  to  Employer's  Policy.  —  The  most  important 
phase  of  the  whole  subject  remains  yet  to  be  considered.  Evi- 
dence seems  clear  that  agreements  or  rules  to  regulate  output  are 
but  the  workman's  reply  to  the  modern  tendency  of  speeding. 
Employers  are,  in  the  minds  of  the  workmen,  the  embodiment 
of  industrial  methods.  The  demands  for  large  output  and  low 
costs  place  the  employer  in  a  position  where,  willingly  or  un- 
willingly, he  must  push  both  machines  and  men.  Machines 
may  be  geared  up  by  simple  and  well-known  mechanical  de- 
vices. There  is  no  back  talk  from  them.  Such  speeding  up 
must  be  extended  to  the  men  also.  But  they  can  reply.  They 
object  to  being  pushed  to  what  they  regard  as  a  point  of  ex- 
haustion or  a  pace  that  means  early  old  age.  When  a  rule  of  a 
union  is  brought  to  the  attention  of  an  employer,  he  is  very  apt 
to  say  that  it  is  simply  a  device  by  which  the  union  seeks  to 
make  it  an  offense  for  a  man  to  do  a  good  day's  work.  That  is 
all  it  means  to  him.    When  a  unionist  is  questioned  about  such 


326    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

a  rule,  he  may  claim  that  it  is  simply  the  union  man's  reply  to 
the  employer's  practice  of  paying  a  few  men  extra  wages  to 
act  as  pace  makers.  There  is  much  evidence  that  after  the 
speeding  up  has  been  accomplished  and  a  faster  pace  estab- 
lished, the  higher  wages  that  are  at  first  offered  as  an  induce- 
ment are  not  permanently  higher.  They  fall  to  the  lower  level 
sooner  or  later  and  by  degrees,  perhaps,  while  the  new  stand- 
ards of  output  are  insisted  upon.  This  is  particularly  aggra- 
vating to  employees  in  the  case  of  piece  work.  By  extra  energy 
and  effort  the  number  of  pieces  is  increased  and  a  large  wage 
earned.    This  is  followed  by  a  lowering  of  the  piece  rate. 

Jacob  Riis  has  told  us  in  The  Making  of  an  American  of  his 
experience  in  this  matter.  "In  a  planing-mill  in  which  I  had 
found  employment  I  contracted  with  the  boss  to  plane  doors, 
sandpaper  them,  and  plug  knot-holes  at  fifteen  cents  a  door. 
It  was  his  own  offer  and  I  did  the  work  well;  better  than  it  had 
been  done  before,  so  he  said  himself.  But  when  he  found  at  the 
end  of  the  week  that  I  had  made  fifteen  dollars  where  my  slow- 
coach predecessor  had  made  only  ten,  he  cut  the  price  down 
to  twelve  cents.  I  objected,  but  in  the  end  swallowed  my  anger, 
and  by  putting  on  extra  steam  and  working  overtime  made 
sixteen  dollars  the  next  week.  The  boss  examined  the  work 
very  carefully,  said  it  was  good,  paid  my  wages,  and  cut  down 
the  price  to  ten  cents.  He  did  not  want  his  men  to  make  over 
ten  dollars  a  week,  he  said;  it  was  not  good  for  them." 

It  may  be  admitted  that  in  some  instances  at  least  the  la- 
borer appears  to  have  the  better  of  the  argument.  In  a  rolling 
mill  the  union  had  established  a  limit  of  5,750  pounds  of  a 
particular  kind  of  plate  as  a  fair  day's  work  for  a  man.  The 
president  of  the  union  admitted  that  some  men  were  exceeding 
this  limit  and  violating  the  union  rules,  making  as  much  as  7,500 
pounds  in  an  eight-hour  day.  But  such  a  man,  he  declared, 
"does  not  consider  himself  physically,  morally,  or  any  other 
way.  He  does  not  consider  the  evil  effect  he  is  having  upon 
his  trade.  He  has  no  regard  for  his  children  who  may  follow 
after  him."  It  will  appear  that  the  charge  of  holding  back 
ambitious  and  energetic  men  and  preventing  them  from  making 
the  most  of  their  abilities  cannot  be  taken  into  account  by  itself. 
Modern  industry  is  so  shaped  that  the  energetic  men  do  not 
appear  to  reap  the  results  of  their  abilities  and  men  naturally 


RESTRICTION  OF  MEMBERSHIP  AND  OUTPUT         327 

slower  and  yet  necessary  to  the  industry  as  a  whole  are  driven 
to  the  point  of  exhaustion  and  premature  old  age. 

Before  the  Industrial  Commission  the  situation  was  well 
described  in  the  following  words: 

"There  has  always  been  a  strong  tendency  among  labor  or- 
ganizations to  discourage  exertion  beyond  a  certain  limit.  The 
tendency  does  not  always  express  itself  in  formal  rules.  On 
the  contrary,  it  appears  chiefly  in  the  silent,  or  at  least  informal, 
pressure  of  working-class  opinion.  It  is  occasionally  embodied 
in  rules  which  distinctly  forbid  the  accomplishment  of  more 
than  a  fixed  amount  of  work  in  a  given  time;  but  such  regula- 
tions are  always  felt  by  employers,  and  almost  always  by  other 
persons  who  are  not  of  the  wage-working  class,  to  be  obviously 
unjust,  short-sighted,  and  socially  injurious.  This  adverse 
public  opinion  outside  the  unions  themselves  has  doubtless  had 
some  influence  in  discouraging  such  applications  of  the  prin- 
ciple. These  rules  have  not  by  any  means,  however,  absolutely 
disappeared."  "That  the  tendency  of  workingmen  is  to  restrict 
the  output  of  their  labor  within  more  or  less  definite  limits, 
which  they  have  come  to  consider  right  and  just,  is  undeniable." 

A  Two-Sided  Issue.  —  It  will  be  seen  that  there  are  clearly 
two  sides  to  the  issue.  If  speeding  up  is  not  to  be  checked  in 
any  other  way,  if  men  are  to  attend  upon  machinery  instead 
of  machinery  upon  men,  it  is  evident  that  the  laborers  are  very 
sure  to  take  the  matter  into  their  own  hands.  They  may  not 
deal  with  it  from  the  point  of  view  of  community  welfare.  Cer- 
tainly they  will  not  adjust  it  in  such  a  way  as  to  benefit  the 
employer.  They  may  not  do  what  in  the  long  run  may  be  best 
for  the  industry.  They  make  no  professions,  certainly  none 
that  recognize  their  obligation  to  be  geared  up  along  with  the 
mechanical  part  of  industry  for  the  purpose  of  contributing  what 
they  look  upon  as  an  added  portion  to  the  employer's  profits. 
In  their  own  view  they  would  say:  we  are  not  depriving  the 
more  energetic  men  from  adding  to  their  own  reward;  we  are 
depriving  the  employer  of  a  reward  which  he  would  derive  from 
his  more  energetic  men. 

To  one  who  would  understand  the  relation  of  trade  unionism 
to  the  perplexing  questions,  it  is  quite  essential  that  the  work- 
ingman's  position  be  understood.  The  policy  may  be  wise  or 
it  may  be  foolish.    The  laborer  regards  it  as  wise,  because  of 


328    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  conditions  that  he  faces.     The  reasons  for  his  view,  this 
chapter  has  aimed  to  set  forth. 

To  one  sitting  in  judgment  upon  the  correctness  of  the  la- 
borer's attitude  it  is  not  sufficient  to  condemn  it.  In  most  in- 
stances it  should  be  condemned.  But  the  condemnation  should 
be  extended.  The  system  out  of  which  the  practices  have  grown 
must  be  readjusted  so  as  to  eliminate  the  unfavorable  elements 
that  lead  to  the  trouble.  If  this  is  ever  done,  then  the  practices 
of  restriction  may  be  unreservedly  condemned;  —  if,  indeed, 
there  be  any  left  to  be  condemned. 


CHAPTER  XX 
TRADE-UNION  BENEFITS 

Of  the  various  activities  of  unions,  one  that  occupies  a  promi- 
nent place  is  the  raising  of  funds  for  benefit  purposes.  Though 
this  has  not  always  been  regarded  as  of  any  considerable  im- 
portance to  the  fortunes  of  unionism,  it  has  from  early  times  been 
a  part  of  union  activity.  In  the  last  quarter  of  a  century  the 
importance  of  benefits  has  been  given  a  new  emphasis.  The  first 
burst  of  enthusiasm  for  union  organization  had  both  the  ad- 
vantage and  the  disadvantage  of  all  fresh  enthusiasm.  It  moved 
to  action  but  did  not  have  staying  qualities.  In  the  face  of 
reverses  the  enthusiasm  waned.  The  ties  of  universal  brother- 
hood did  not  bind  with  permanency.  There  began  to  appear 
to  the  minds  of  many  leaders  a  necessity  for  more  substantial 
bonds.  In  the  work  of  many  local  organizations  was  found 
mutual  benefits  of  various  kinds.  These  were  based  on  pay- 
ments in  the  nature  of  investments  and  established  a  claim  on 
benefits  when  needed,  and  in  accordance  with  the  rules  adopted. 
This  idea  appealed  to  the  national  leaders.  It  was  taken  up 
and  championed  by  them  as  a  desirable  policy  for  the  national 
associations.  The  form  was  already  present  and  furnished  the 
opportunity  for  further  development.  The  outcome  has  been 
that  within  recent  years  strong  benefit  provisions  have  become 
highly  essential  to  the  making  of  strong  unions.  Members  who 
are  tied  in  their  membership  by  bonds  in  the  shape  of  weekly  or 
monthly  dues  establishing  a  claim  on  the  funds  thus  accumulated 
are  the  more  certain  to  keep  up  a  membership  with  prompt 
payment  of  all  financial  obligations. 

Extent  of  Benefit  Policy.  —  Practically  all  of  the  large  na- 
tional and  international  organizations  now  maintain  benefit 
funds  in  one  or  more  forms.  The  one  most  frequently  provided 
is  the  death  benefit.  This  was  adopted  by  the  largest  number 
of  unions  in  the  years  from  1880  to  1900,  though  many  have 
adopted  it  since  then.    Disability  benefits,  permanent  and  tem- 

329 


330    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

porary,  though  not  so  numerous  as  death  benefits,  were  also 
adopted  in  by  far  the  larger  number  of  cases  in  the  last  two 
decades  of  the  nineteenth  century.  Superannuation  benefits  do 
not  occupy  so  large  a  place.  Other  forms  of  benefit  found  more 
occasionally  are  for  death  of  member's  wife,  for  death  of  de- 
pendent widowed  mother  of  an  unmarried  member,  for  unem- 
ployment, for  widows  and  orphans,  for  indigents,  for  travel, 
for  tool  insurance,  for  shipwreck,  and  even  for  tobacco  while 
sick  or  in  hospital  (for  sailors). 

Details  of  Management.  —  In  arranging  details  for  the  man- 
agement of  these  funds,  the  greatest  variety  prevails.  There 
are  substantial  reasons  for  the  variety.  In  many  instances 
the  locals  existed  first  as  independent  societies  and  were  con- 
ducting one  form  or  another  of  mutual  insurance  or  benefit. 
When  these  locals  were  gathered  up  into  the  national  or  inter- 
national, the  various  methods  were  not  interfered  with.  Even 
in  cases  where  the  national  has  adopted  a  benefit  or  insurance 
plan,  as  has  frequently  been  done,  the  new  plan  has  been  super- 
imposed upon  the  local  plan.  This  makes,  in  many  instances, 
a  double  plan  with  divided  administration.  Thus,  in  the  case 
of  the  Brotherhood  of  Carpenters  and  Joiners,  sick  benefits  are 
paid  solely  by  the  locals,  permanent  disability  and  death  benefits 
are  paid  by  the  national,  and  strike  benefits  are  paid  by  the 
locals,  the  district  council  and  the  national  combined. 

Then  the  nature  of  the  trade  has  much  to  do  with  the  character 
of  the  plan.  Well-established  trades,  requiring  skill  and  fur- 
nishing a  good  degree  of  permanency,  will  be  in  position  to  de- 
velop substantial  funds  and  to  pay  large  benefits  because  of 
relatively  large  fees.  Unskilled  and  irregular  employment  can- 
not succeed  in  building  up  permanent  funds.  Dangerous 
trades,  due  to  frequent  and  unpreventable  accident  or  to  ex- 
posure and  disease,  have  difficulties  to  face.  The  demands  on 
such  funds  are  heavy.  If  wages  are  low  and  the  labor  supply 
shifting  it  will  be  quite  impossible  to  maintain  a  secure  fund. 
If,  on  the  other  hand,  the  dangers  be  adequately  realized  and 
the  trade  a  permanent  and  well-paid  one,  this  may  lead  to  a 
very  strong  fund  because  of  the  realization  of  the  necessity  and 
the  ability  to  meet  it.  The  Typographical  Union  is  of  this 
sort.  These  reasons  will  be  sufficient  to  explain  the  variety  of 
forms  of  administration  of  these  funds. 


TRADE-UNION  BENEFITS  33 1 

Illustration :  Typographical  Union.  —  One  of  the  best  or- 
ganized of  these  benefit  plans  is  that  maintained  by  the  Typo- 
graphical Union.  In  1891  a  defense  or  strike  fund  was  estab- 
lished. That  fund  is  still  maintained  and  is  administered  by  the 
executive  council.  In  case  of  strike  a  benefit  of  five  dollars  a 
week  to  single  members  and  seven  dollars  a  week  to  married 
members  is  paid,  when  the  strike  has  been  ordered  in  the  regular 
way.  The  nature  of  the  demands  on  this  fund  has  changed  in 
recent  years.  In  the  earlier  times  strikes  were  more  frequent. 
The  extension  of  trade  agreements  and  methods  of  settlement 
of  disputes  have  led  to  a  reduction  in  the  number  and  seriousness 
of  strikes.  They  are  now  reported  as  being  "so  few  and  small  as 
to  be  of  little  importance."  The  result  is  that  the  fund  is  now 
used  to  defray  all  expenses  incurred  in  the  work  of  officers  and 
representatives  engaged  in  settling  disputes  and  adjusting  or 
negotiating  agreements. 

In  1892  was  established  a  burial  benefit  of  fifty  dollars  payable 
on  the  death  of  a  member  in  good  standing.  This  was  to  be 
supported  by  a  tax  of  five  cents  a  month  from  each  member. 
Later  the  tax  was  raised  to  seven  and  one-half  cents  and  the 
benefit  to  be  paid  was  advanced  to  seventy-five  dollars.  Still 
the  leaders  were  dissatisfied.  Proposals  for  changes  led,  in  191 1, 
to  further  increase.  One-half  of  one  per  cent  on  all  earnings  of  the 
members  was  assessed.  A  payment  was  adopted  beginning  with 
seventy-five  dollars  for  membership  of  one  year  or  less,  and  in- 
creasing by  six  grades  to  four  hundred  dollars  for  membership 
of  five  years  or  over. 

In  1905  began  the  discussion  for  a  pension  fund.  This  resulted 
in  the  adoption  of  a  plan  in  1907,  to  go  into  effect  the  following 
year.  At  first  the  provision  was  four  dollars  a  week  to  members 
sixty  years  of  age  of  twenty  years'  good  standing  in  membership 
and  unable  to  obtain  sustaining  employment.  In  19 10  was 
added  the  provision  for  members  seventy  years  of  age  with  a 
membership  of  ten  years.  Provision  was  also  made  for  members 
totally  incapacitated  for  work  if  they  had  a  twenty  years' 
membership.  By  later  changes  the  amount  has  been  increased 
to  five  dollars.  During  the  experience  with  this  fund  the  assess- 
ment has  increased  from  an  average  of  thirty-seven  cents  per 
member  per  month  in  1909  to  forty-three  cents  per  member  per 
month  in  19 14.    Up  to  May  31,  19 14,  applications  to  the  num- 


332    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ber  of  1,770  had  been  received,  of  which  1,691  were  approved. 
Deaths  have  reduced  the  number  of  pensioners  to  1,210.  Of 
these  eighty-seven  are  under  sixty  years  of  age.  Seven  are 
women. 

One  other  feature  of  this  organization  must  be  mentioned.  It 
is  the  Home  for  Union  Printers,  maintained  by  the  Typograph- 
ical Union  at  Colorado  Springs.  It  was  erected  in  1892  at  a  cost 
of  $70,000,  was  free  from  debt  at  its  completion  with  a  surplus  of 
$13,000  as  a  credit  fund.  At  a  later  date  a  hospital  annex  was 
added  at  a  cost  of  $40,000.  Other  additions  have  been  made 
since;  library,  laundry,  boiler  plant,  superintendent's  cottage, 
greenhouses,  and  barns.  Together  with  the  eighty  acres  of  land 
the  entire  plant  is  valued  at  $1,000,000.  In  nineteen  years  the 
Typographical  Union  has  expended  in  building  and  maintaining 
the  Home  something  over  $1,250,000. 

This  union  has  paid  out  for 

Pensions $    947,094 . 00  in  14  years 

Mortuary  benefit  (old) 653,045 .00  in  20  years 

Mortuary  benefit  (new) 522,540. 75  in    2  years 

Strike  benefit 4,136,577 .  18  in  22  years 

Total $6,259,256.93 

Though  no  union  has  a  more  elaborately  worked  out  and  more 
substantial  system  of  benefits  than  the  Typographical  Union, 
there  are  others  whose  systems  are  both  thorough  and  reliable. 
The  Cigar  Makers  Union  has  been  from  its  beginning  one  of  the 
pioneers  in  the  field.  Its  sick  and  death  benefits  were  estab- 
lished in  1881;  death  benefits  for  members'  wives,  in  1887;  death 
benefits  for  widowed  mothers  of  unmarried  members,  in  1891; 
permanent  disability  benefits  for  members,  in  1902;  unemploy- 
ment benefits  for  members,  in  1889. 

The  Order  of  Railway  Conductors  instituted  their  mutual 
benefit  department  in  1882,  providing  for  death  and  permanent 
disability  benefits  and  the  privileges  of  a  Home  for  Aged  and 
Disabled  Railroad  Employees  of  America.  This  Home  is  main- 
tained by  the  joint  support  of  the  railroad  brotherhoods  of 
engineers,  firemen,  conductors  and  trainmen. 

Common  Elements  in  Management.  —  There  is  no  uniform- 


TRADE-UNION  BENEFITS  333 

ity  in  the  arrangement  and  management  of  benefit  funds.  Yet  a 
general  description  may  be  given  that  will  convey  some  idea  of 
methods.  The  funds  are  raised  as  a  part  of  the  dues  and  assess- 
ments of  members.  In  most  cases  a  single  sum  is  assessed  as 
constituting  the  dues  for  the  week  or  the  month.  Of  this  amount 
a  designated  portion  goes  to  one  fund;  another  portion  to  a  sec- 
ond fund,  and  so  on  around.  In  such  cases  the  funds  for  the 
several  purposes  are  kept  separate.  In  other  instances  there  is 
but  one  fund  into  which  all  dues  are  paid  and  from  which  are 
taken  the  benefit  payments  provided  for.  The  latter  is  coming 
to  be  the  more  usual  method.  These  funds  are  usually  in  charge 
of  the  general  officers,  the  president,  the  secretary-treasurer,  or 
the  executive  board  or  council.  Reports  are  submitted  and 
audited  at  regular  intervals. 

There  is  no  approach  to  uniformity  in  the  kinds  of  benefits 
maintained  by  the  several  organizations  or  in  the  amounts  paid. 
Generally  there  is  an  effort  to  scale  them  in  accordance  with 
some  plan  of  progressive  payments,  dependent  upon  the  length 
of  membership,  the  age  and  the  earning  capacity. 

Amount  of  Funds.  —  No  accurate  statement  can  be  made  as 
to  the  amounts  paid  out  by  these  unions.  An  idea  of  the  exten- 
siveness  of  the  funds  handled  may  be  formed  from  some  typical 
figures.  The  International  Association  of  Machinists,  from 
1898  to  1914,  paid  for  death  benefits  a  total  of  $593,464.00,  and 
for  strike  benefits  a  total  of  $4,321,238.00.  The  Brotherhood  of 
Carpenters  and  Joiners,  during  the  years  from  1883  to  19 10, 
report  having  paid  benefits  to  20,442  cases  amounting  in  all  to 
$2,514,166.75.  A  further  report  from  this  union  shows  that 
during  a  period  of  thirty-four  years  in  which  the  benefit  provi- 
sions have  been  in  existence  there  have  been  paid  out  from  the 
insurance  department  $4,051,709.91  in  death  and  disability 
funds.  In  the  same  time  the  locals  from  their  funds  paid  out 
$2,600,000  in  sick  benefits.  Strikes  and  lockouts  cost  $1,300,000 
and  organization  work,  $1,200,000.  To  other  unions  was  do- 
nated the  sum  of  $356,607.26.  This  makes  a  grand  total  of 
$9,508,317.17.  The  International  Molders  Union  reports  the 
amounts  that  have  been  expended  from  the  date  of  establish- 
ment of  the  fund  to  the  end  of  the  year  19 14. 


334    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Strike  benefit 1859  $4,576,463 . 00 

Death  benefit 1880  936,946 .  25 

Disability  benefit 1880  105,200.00 

Sick  benefit 1896  2,522,373 . 00 

Out-of-work  benefit 1897  316,168.25 

Total $8,457,150. 50 

Reports  of  the  unions  affiliated  with  the  American  Federation  of 
Labor  show  the  expenditures  as  reported  through  the  executive 
council. 

1905  1Q13  1Q14 

Death  benefits $  742,421.23    $1,958,892.83  $2,157,241.27 

Death     benefits     to 

widows 24,800.00  58,420.00  57,275.00 

Sick  benefits 582,874.13  816,336.41  1,031,098.13 

Traveling  expenses. .  . .  62,989 .71  33,693 .  10  54,404 .  90 

Insurance  of  tools ...  .  5,180.41  2,875.24  3,278.07 

Out-of-work 85,050.72  69,445.70  99,024.88 


Total $1,503,316.20    $2,939,663.28    $3,402,322.25 

These  statements  do  not  include  the  unions  not  affiliated  with 
the  American  Federation  of  Labor  nor  the  locals  that  have 
funds  separately  administered.  Any  statement  that  would  in- 
clude the  entire  amount  of  all  unions  with  all  locals  for  all  pur- 
poses would  necessarily  be  but  a  guess.  It  is  estimated  on  the 
basis  of  the  latest  information  that  during  the  year  19 13  the 
organizations  of  the  United  States  and  Canada  disbursed 
$15,000,000  in  benefits  to  members.  Of  this  amount  $3,500,000 
were  used  as  strike  benefits.  The  remainder  was  used  for  the 
other  benefits  that  would  come  within  the  list.  This  estimate  is 
not  made  to  include  sums  granted  for  special  cases,  as  these 
figures  are  not  usually  included  in  the  official  reports. 

The  significance  of  this  branch  of  union  activity  is  not  to  be 
measured  in  terms  of  insurance  value  alone.  Yet  as  insurance 
value  it  cannot  be  overlooked.  This  gives  rise  to  two  standards 
by  which  the  importance  of  the  policy  may  be  estimated. 

Insurance  Value :  To  Laborers.  —  As  a  means  of  insurance  it 
has  a  value  that  is  not  to  be  underestimated.  No  one  can  doubt 
the  importance  of  general  insurance.     In  modern  society  this 


TRADE-UNION  BENEFITS  335 

provision  for  the  future  has  passed  quite  entirely  from  the  hands 
of  the  individual.  It  has  been  both  organized  and  socialized. 
The  laborer  with  his  relatively  small  income  and  large  family, 
his  rising  standard  of  living  and  his  more  slowly  rising  wage  in- 
crease, is  not  able  to  cope  with  the  question  by  himself.  In 
recognition  of  this,  various  means  have  been  organized  for  his 
assistance.  Commercial  life  insurance  policies  have  been  written 
for  his  special  benefit,  carrying  small  amounts  and  with  small 
premiums  due  at  frequent  intervals.  Because  this  business 
must  be  solicited  often  in  a  field  where  prejudice  against  it  is 
strong  and  because  it  must  yield  a  profit  to  its  managers,  this 
form  of  insurance,  reasonable  as  it  may  be  in  price,  is  none  the 
less  expensive  to  the  laborer.  Besides,  it  is  more  generally  life 
insurance  only  and  does  not  cover  other  forms  of  benefit  except 
at  prohibitive  prices. 

Employers'  Plans.  —  Large  employers  have  in  many  cases 
established  benefit  funds  for  their  employees.  These  include 
many  of  the  railroads,  the  United  States  Steel  Corporation,  the 
International  Harvester  Company,  and  a  large  number  in  other 
industries.  In  some  cases  the  employee  contributes  a  small 
portion  of  his  wage  to  the  fund  while  the  employer  provides  the 
rest.  In  other  cases  the  employer  sets  aside  the  entire  amount. 
A  definite  schedule  of  benefits  against  sickness,  accident,  or 
other  disability  is  arranged.  The  company  administers  the 
fund,  thus  taking  care  of  all  clerical  expense. 

Response  of  Employees.  —  The  laborers  have  not  responded 
very  heartily  to  these  various  efforts.  They  regard  them  as 
paternalistic.  Further,  they  hold  that  such  plans  do  not  leave 
them  free  to  change  employment.  The  provisions  naturally  re- 
quire a  stated  length  of  service  with  the  company  before  the 
individual  employee  is  entitled  to  become  a  beneficiary  of  the 
fund.  The  employee  insists  that  his  own  interests  require  that 
he  shall  be  free  to  change  from  one  employer  to  another  at  will. 
In  addition  to  this  there  is  a  deep-seated  feeling  in  the  minds  of 
many  that  in  some  way  the  employer  reimburses  himself  through 
a  readjustment  of  wages  for  any  outlay  made  in  a  benefit  fund. 
This  means  suspicion,  and  whether  justly  founded  or  not,  it  at 
once  undermines  the  mutual  confidence  necessary  to  such  a  plan. 

State  Insurance.  —  The  progress  in  America  has  been  slow 
along  lines  of  state  insurance.    There  is  no  policy  or  principle  of 


336    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

state  activity  in  accordance  with  which  any  definite  program 
may  be  anticipated.  Employers'  liability  in  case  of  accidents 
has  quite  completely  broken  down.  It  never  did  extend  to 
benefits  or  provisions  other  than  accidents  and  obviously  re- 
lated injuries.  As  for  state  insurance  along  other  lines  what  the 
future  may  hold  has  not  yet  been  revealed.  Once  started,  the 
accident  provisions  have  made  surprising  progress  in  the  form  of 
compensation  legislation.  Industrial  diseases  are  even  now  the 
subject  of  careful  and  extensive  investigation  and  already  pro- 
posals have  appeared  for  legislation  along  this  line. 

Practical  Difficulties.  —  The  whole  situation,  however,  is  full 
of  difficulties.  The  laborers  are  not  standing  by  and  allowing 
the  more  or  less  visionary  reformers  to  have  their  own  unin- 
terrupted way.  Compulsory  sick  insurance  may  suggest  to  the 
employer  the  establishment  of  health  tests.  As  industrial 
disease  often  comes  slowly,  it  may  by  these  tests  be  detected  in 
an  early  stage  and  the  employee  laid  off  before  he  can  become  a 
charge  upon  the  industry.  If  it  be  unemployment  and  the  es- 
tablishment of  state  employment  agencies,  the  laborers  are  alive 
to  the  cut  in  wages  that  may  be  made  as  a  result  of  getting  every- 
body employed.  Such  difficulties  as  these  must  be  met  or  the 
proposals  may  be  found  to  have  the  opposition  of  both  em- 
ployers and  employees,  and  may  come  to  be  characterized  as 
visionary  or  impractical. 

Again,  there  are  experiments  that  have  not  yet  assumed  pro- 
portions that  would  justify  them  in  promising  much.  One  of 
these  is  the  savings  bank  plan  of  insurance  as  adopted  in  Mas- 
sachusetts. In  accordance  with  this  plan  a  savings  bank  may 
write  life  insurance,  the  policies  and  provisions  being  protected 
by  law.  The  particular  advantage  lies  in  the  fact  that  they  can- 
not go  out  to  seek  the  business  through  field  agents  or  adver- 
tising, and  that  much,  if  not  all,  of  the  clerical  and  administra- 
tive work  can  be  charged  against  the  running  expense  of  the 
bank.  This  very  materially  reduces  the  expenses  and  makes 
possible  low  premiums.  Though  the  first  reports  of  this  activity 
are  promising,  the  plan  is  yet  only  in  the  experimental  stage. 

The  above-named  plans  are  the  leading  ones  that  exist  for 
providing  the  laborer  with  insurance  protection.  In  addition  to 
these  the  unions  have  developed  their  own.  In  face  of  the  com- 
petition, the  union  benefits  have  increased  in  size  and  have  be- 


TRADE-UNION  BENEFITS  337 

come  more  general.  At  the  time  of  their  beginning,  speaking  of 
them  as  representing  a  policy  rather  than  as  isolated  instances, 
the  other  agencies  that  have  been  named  did  not  exist.  The 
idea  was  that  of  individual  responsibility  and  each  laborer  was 
supposed  to  lay  aside  from  his  wages  enough  to  provide  for  his 
own  protection.  After  the  other  methods  were  developed,  the 
unions  have  steadily  clung  to  the  idea  that  provision  for  them- 
selves through  mutual  efforts  was  preferable.  It  seemed  more 
in  accordance  with  the  American  idea  of  independent  action. 
It  left  the  beneficiaries  free  to  seek  any  field  of  labor  within  the 
trade.  It  left  the  management  of  both  funds  and  policy  en- 
tirely in  the  hands  of  their  own  officers,  elected  by  themselves 
and  responsible  directly  to  them.  The  whole  underlying  prin- 
ciple has  been  one  that  has  appealed  strongly  to  the  laborer's 
love  of  independence.  It  seems  quite  probable  that  these 
benefit  funds  will  continue  to  be  an  important  part  of  unionism. 
Though  less  frequently  heard  of  because  a  less  sensational  part 
of  union  activity,  they  stand  on  their  own  merits  and  they 
accord  with  the  ideas  and  ideals  of  American  unionism. 

Benefits  as  a  Means  to  an  End.  —  But  their  significance 
may  be  emphasized  from  another  point  of  view.  They  have  just 
been  reviewed  as  an  end  in  themselves.  They  may  be  regarded 
also  as  a  means.  American  unionism  has  certain  clearly  defined 
objects  in  view.  These  objects  can  best  be  pursued  consistently 
by  strong  organization.  Every  agency  that  binds  members  to 
the  union  by  ties  that  remain  strong  in  times  when  other  bonds 
become  weak  is  an  agency  to  be  cultivated.  It  becomes  at  once 
obvious  that  these  various  benefit  funds  are  additional  ties  that 
bind  the  members  to  the  union.  After  payments  into  the  funds 
have  been  made  over  a  long  period,  their  investment  value  be- 
comes more  apparent.  To  break  away  from  the  union  and  to 
default  in  payment  of  dues  will  mean  the  loss  of  all  payments 
made  and  the  surrender  of  claims  to  the  benefits.  In  this  way, 
briefly  stated,  it  must  appear  that  the  benefit  funds  of  unions 
are  important  factors  in  strengthening  unionism  for  the  attain- 
ment of  its  larger  purposes. 

Newer  Phases  of  the  Movement.  —  Of  the  newer  phases  of 
policy,  some  of  the  points  seem  to  be  significant.  There  is  a  very 
distinct  call  from  some  of  the  more  influential  leaders  for  an 
increase  in  dues,  and  also  for  greater  uniformity.    That  both 


338    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

fees  and  dues  for  all  locals  in  a  union  should  be  uniform,  is  being 
insisted  upon  by  many.  Moreover,  low  as  well  as  uniform 
initiation  fees  are  urged.  The  low  fee  will  lead  to  a  greater 
willingness  to  join.  Once  in,  it  is  the  duty  of  the  union  to  im- 
press its  advantages  so  clearly  that  somewhat  higher  dues  will 
be  paid.  The  higher  dues  should  then  be  set  and  adjusted  to  the 
needs  of  the  day  and  the  creation  of  a  reserve.  It  is  urged  as  a 
warning  that  estimates  of  payments  of  the  various  benefits  be 
conservative.  It  is  better  that  the  estimates  be  low  and  sure 
rather  than  more  attractive  but  less  reliable.  It  is  easier  to 
raise  than  to  lower  the  payments  and  any  excess  of  funds  may 
go  to  the  reserve. 

At  the  conventions  of  the  American  Federation  of  Labor  it 
has  been  proposed  that  the  Federation  itself  establish  an  insur- 
ance department.  This  plan  has  been  favorably  reported  by  the 
committees  to  which  it  has  at  different  sessions  been  referred. 
No  steps  have  yet  been  taken  to  put  such  a  plan  in  operation, 
however.  Its  general  outline  indicates  that  it  contemplates  the 
establishment  of  a  fund  under  the  control  of  the  Federation 
officials.  That  it  would  greatly  augment  the  influence  of  the 
Federation  if  it  were  a  success  goes  without  saying.  It  would 
probably  be  on  the  whole  more  economical.  Overhead  charges 
would  be  reduced  through  economies  of  management.  This 
would  represent  a  very  considerable  saving.  Probably  a  greater 
portion  of  the  fund  could  be  kept  in  investment  than  is  now  the 
case  with  the  several  separate  funds.  Also  it  would  appear  that 
the  risks  to  be  covered  would  be  in  the  aggregate  less  through  the 
establishment  of  the  larger  group.  One  practical  difficulty 
would  of  course  be  the  adjustment  of  the  rates  to  be  paid  by  the 
different  trades.  Another,  the  arrangements  that  could  be 
made  for  consolidating  the  several  funds  now  existing,  all 
carrying  different  benefit  privileges.  To  secure  mutual  satis- 
faction on  this  point  would  require  rare  judgment  and  diplo- 
macy. 

Defects  as  well  as  Benefits.  —  While  much  may  be  said  for 
the  way  in  which  benefit  funds  have  been  managed,  it  is  never- 
theless true  that  there  are  defects.  The  management  has,  in 
many  cases,  if  not  generally,  been  experimental.  It  has  not  been 
based  upon  actuarial  experience.  Indeed  no  such  experience  has 
been  available  in  many  cases.    This  deficiency  and  its  attendant 


TRADE-UNION  BENEFITS  339 

shortcoming  has  been  counteracted  by  the  variation  of  the  rate 
or  the  dues  payable.  If  funds  were  running  low,  the  dues  have 
been  increased.  This  seems  to  have  met  with  surprisingly  little 
protest,  probably  because  of  the  confidence  placed  in  the  man- 
agers. The  funds,  and  indeed  the  whole  plan,  cannot  come 
into  such  a  position  as  to  command  general  confidence  until 
some  more  generally  recognized  insurance  principles  are 
adopted. 

Another  source  of  weakness  is  found  in  the  fact  that  generally 
the  benefit  fund  is  not  kept  as  a  separate  account.  Indeed,  it  is 
urged  that  in  all  cases  each  union  should  have  but  one  fund  into 
which  shall  go  all  receipts  and  from  which  shall  be  taken  all 
payments  of  benefits  as  well  as  other  expenses.  Such  a  policy 
does  not  seem  to  arouse  confidence  in  the  general  plan  of  bene- 
fits. It  admittedly  keeps  the  benefit  feature  of  unionism  in  a 
subordinate  relation.  It  is  at  this  point  that  a  significant  differ- 
ence of  opinion  as  well  as  of  policy  arises.  As  a  fighting  or- 
ganization —  and  the  militancy  of  unionism  must  not  be  lost 
from  view  —  every  particle  of  fighting  strength  must  be  at  all 
times  available.  To  separate  a  strike  benefit  from  other  benefits 
as  a  separate  fund  would  place  a  limit  on  the  militant  strength 
of  the  union.  This  would  tend  to  weaken  unionism.  On  the 
other  hand,  if  a  strike  once  voted  goes  so  far  as  to  consume 
funds  that  have  been  accumulated  for  other  benefit  purposes 
the  strikers  might  yield  and  return  to  work.  It  may  be  that  the 
members  would  hold  off  longer  before  voting  the  strike.  If  the 
employer  realizes  this,  he  may  refuse  the  longer  to  yield.  Thus 
the  steadying  conservatism  engendered  by  the  hesitancy  to  enter 
upon  a  strike  for  fear  of  exhausting  a  fund  may  react  to  the  gain 
of  the  employer  and  the  disadvantage  of  the  union.  As  to  just 
how  it  does  act  in  any  particular  case  is  difficult  to  tell.  Clearly 
there  are  these  tendencies  in  a  direction  that  runs  against  the 
effectiveness  of  unionism  as  an  aggressive  bargaining  machine 
and  toward  the  conservatism  of  a  mutual  benefit  association. 
Unionism  halts  between  these  tendencies.  Which  it  will  choose 
must  be  left  for  the  unions  to  decide.  It  can  hardly  choose 
both. 

Present  indications  seem  to  be  that  unionism  rather  than 
benefit  protection  will  continue  to  be  the  choice.  "An  entirely 
false  conception  of  the  whole  subject  of  trade  union  insurance  is 


340    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

inevitable,"  writes  John  Mitchell,  "unless  one  bears  in  mind  that 
insurance  is  always  subordinate  to  the  trade  policy  of  the  unions. 
Trade  unions  are  interested  in  protecting  their  members  and 
paying  them  benefits  in  case  of  death,  sickness,  or  disability,  but 
are  even  more  vitally  interested  in  raising  wages  and  improving 
conditions  of  employment." 


PART  IV 
POLITICAL  ACTIVITY 


CHAPTER  XXI 
LEGISLATIVE  METHODS 

While  it  cannot  be  said  that  legislative  activity  is  the  main 
object  of  organized  labor,  it  is  one  to  which  its  leaders  have 
given  much  attention.  Though  these  unions  no  longer  "go 
into  politics"  as  so  many  of  them  did  in  the  earlier  years  of 
their  experience,  they  do  not  eschew  that  activity  entirely. 
The  organization  of  political  parties,  so  long  the  dream  of  many 
labor  leaders,  has  been  abandoned  for  the  present  at  least, 
and  the  parties  already  existing  are  chosen  as  the  media  through 
which  their  political  desires  are  sought  to  be  realized.  Legis- 
latures have  seemed  to  be  the  special  branch  through  which 
this  might  be  done.  Labor  legislation  has  occupied  and  still 
continues  to  occupy  a  large  place  in  the  attention  of  leaders 
of  the  labor  movement. 

In  a  former  chapter  it  has  been  shown  how  in  an  earlier  day 
organizations  were  formed  in  the  states  for  the  purpose  of 
exerting  an  influence  on  legislation.  The  unions  had  special 
programs  that  they  wished  to  see  enacted  into  law.  There 
began  to  develop  methods  for  accomplishing  this.  As  time 
passed  these  methods  were  more  fully  elaborated.  At  the 
present  there  exists  a  specialized  department  that  has  for  its 
particular  function  the  securing  of  laws  favorable  to  the  cause 
of  organized  labor.  It  is  the  purpose  of  this  chapter  to  describe 
the  leading  features  of  this  work. 

It  will  not  be  possible  to  describe  the  details  of  method  as 
adopted  by  all  of  the  numerous  associations.  Nor  is  such  a 
course  necessary.  Many  labor  organizations  have  existed  for 
a  time  or  for  a  particular  purpose  no  record  of  whose  proceed- 
ings has  been  preserved.  Some  of  these  have  undoubtedly 
been  very  influential  along  the  line  of  their  special  interest. 
Many  others  have  continued  their  existence  and  are  still  active. 
Among  these  are  the  several  state  organizations,  now  generally 
allied  with  the  American  Federation  of  Labor.     These  work 

343 


344    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

for  legislation  in  their  respective  states.  The  Federation  itself 
is  the  strongest  labor  representative  at  Washington  and  it 
takes  as  one  of  its  most  serious  duties  the  shaping  of  labor's 
legislative  interests  at  the  national  capital.  These  allied  or- 
ganizations form  a  very  strong  influence  and  their  effects  upon 
legislation  are  beyond  doubt.  For  the  legislative  departments 
of  the  city  governments  there  are  the  city  centrals.  These 
are  also  very  generally  allied  with  the  American  Federation 
of  Labor.  They  greatly  strengthen  the  entire  network  of  the 
organization.  Then  there  are  the  unaffiliated  unions.  These 
too  have  their  legislative  departments. 

Among  all  of  these  organizations  there  is  a  general  similarity 
in  methods  of  work,  though  of  course  varying  somewhat  in 
detail.  The  major  portion  of  the  material  upon  which  this 
chapter  is  based  is  taken  from  the  reports  of  one  or  two  organi- 
zations as  typical  of  methods  generally  adopted.  This  is  done 
in  the  confidence  that  material  so  used  will  give  a  fairly  accurate 
picture  of  the  general  influence  that  is  being  exerted  for  the 
purpose  of  securing  the  passage  of  laws  in  which  laborers  are 
directly  interested. 

The  consideration  of  legislative  methods  may  be  conven- 
iently divided  into  three  parts:  (i)  the  working  of  the  annual 
conventions  in  session,  including  preliminary  work;  (2)  the  ef- 
forts to  seat  and  unseat  legislators  according  to  their  "records"; 
(3)  the  work  done  during  the  sessions  of  the  legislatures,  mainly 
by  legislative  committees. 

ANNUAL    CONVENTIONS 

Fixing  Time  of  Meeting. —  The  annual  convention  marks 
the  beginning  of  the  work.  First  of  all  it  should  be  noted  that 
considerable  importance  is  attached  to  the  time  of  meeting.  In 
some  of  the  states  January  has  been  selected,  when  the  legisla- 
tures are  just  beginning  the  sessions  and  are  in  condition  to  be 
most  strongly  impressed  by  any  action  that  the  convention  may 
take.  In  other  instances  the  late  summer  or  early  fall  has 
seemed  preferable.  At  that  time  the  candidates  for  the  legisla- 
tive positions  are  seeking  nomination  and  they  can  be  made 
aware  of  the  wishes  of  trade  unions  along  legislative  lines.  Pre- 
vious to  1902  the  American  Federation  of  Labor  held  its  annual 


LEGISLATIVE  METHODS  345 

convention  in  December.  This  date  was  at  the  time  regarded 
with  favor  as  it  came  just  after  the  President's  message  had 
been  read  and  before  Congress  settled  down  to  serious  work. 
This  situation  was  favorable  both  to  greater  newspaper  space  in 
reporting  its  proceedings  to  the  public  and  to  larger  influence 
with  Congressmen  as  the  work  of  organization  was  still  in  prog- 
ress. Experience  has  led  to  a  change  and  November  is  now  the 
month  of  meeting.  This  November  date  is  regarded  as  having 
superior  advantages.  It  comes  after  the  fall  elections,  before 
the  opening  of  Congress  and  while  the  President's  message  is  in 
preparation.  This  affords  opportunity  to  impress  upon  Con- 
gress the  wishes  of  the  Convention  while  legislative  work  is  being 
shaped  for  serious  discussion. 

Representative  Nature  of  Convention.  —  With  the  time  for 
meeting  thus  chosen  with  care,  the  next  step  is  taken  in  the 
convention  itself.  Here  much  serious  work  is  done.  As  has 
been  described  in  a  former  chapter,  these  conventions  are  dele- 
gate bodies.  Any  union  or  any  local  may  instruct  its  delegates 
to  present  to  the  convention  a  proposed  line  of  legislation  and 
to  urge  its  adoption.  Sometimes  bills  already  drafted  are  pre- 
sented through  these  channels.  In  other  cases  the  convention 
will  be  presented  with  the  object  to  be  secured  and  asked  to 
have  a  measure  drafted  that  will  accomplish  the  purpose.  In 
either  case  the  subject  becomes  then  a  matter  of  business  before 
the  convention  and  must  go  through  the  usual  stages  of  con- 
sideration. It  is  generally  the  practice,  and  in  some  of  the  older 
organizations  it  is  necessary,  to  refer  any  such  measure  to  the 
executive  council  for  endorsement.  Obviously,  an  approval 
by  that  body  will  greatly  strengthen  the  measure  when  it  is 
brought  before  the  convention.  The  disapproval  of  the  council, 
however,  does  not  necessarily  prevent  its  introduction  as  an 
independent  measure.  In  the  same  way,  a  measure  originating 
with  a  local  union  may  be  endorsed  by  the  central  union  of 
which  the  local  is  a  member  and  such  endorsement  will  have 
influence;  but  the  withholding  of  such  approval  does  not  pre- 
vent the  introduction  of  the  measure  before  the  convention.  In 
practice,  any  local  that  has  a  measure  to  introduce  will  seek 
the  approval  of  both  the  central  union  and  the  executive  com- 
mittee. 

As  a  matter  of  fact  a  large  number  of  proposals  come  before 


346    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  convention  in  this  way  and  the  endorsement  of  the  central 
bodies  and  the  executive  council  usually  insures  for  them  a  fa- 
vorable consideration,  if  not  a  favorable  vote.  The  large  central 
bodies  are  more  active  in  originating  bills  than  are  the  smaller 
ones,  while  comparatively  few  measures  are  originated  by  local 
unions  not  united  with  centrals.  Through  these  agencies  and 
this  cooperation  the  articulation  of  local  unions,  central  bodies, 
state  and  national  organizations  has  been  growing  more  perfect 
as  the  need  for  cooperation  and  unity  of  effort  has  developed. 

Convention  Initiates  Measures.  —  In  this  way  the  conven- 
tion is  seen  in  one  of  its  roles,  a  revising,  adjusting  and  regu- 
lating body.  In  addition  to  this  is  a  second  activity,  that 
of  originating  measures  of  its  own  initiative.  These  may  be 
proposed  by  the  executive  council,  the  president  in  his  annual 
message  and  report,  by  the  other  officers  or  organizers  of  the 
association  in  their  reports,  or  they  may  develop  unexpectedly 
in  the  course  of  the  work  of  the  convention.  This  last  is  the 
most  unusual  in  the  better  organized  conventions.  In  such  a 
case  it  is  probable  that  the  matter  would  be  referred  to  the 
council  for  consideration  and  report  at  the  next  session.  In 
the  newer  or  more  radical  organizations  a  measure  might  be 
put  through  with  no  further  consideration  than  this. 

The  Convention's  Work.  —  With  such  a  stream  of  bills  and 
resolutions  coming  from  such  a  variety  of  sources  and  represent- 
ing such  a  complexity  of  interests  often  conflicting  in  character, 
the  work  of  adjustment  is  indeed  no  easy  matter,  and  the  ses- 
sions of  the  convention  are  often  exciting.  In  general  the  work 
of  the  convention  is  outlined  by  the  executive  council  in  the 
form  of  a  program  or  list  of  measures.  Copies  of  such  programs 
are  previously  sent  to  each  of  the  unions  for  its  consideration 
before  the  time  of  the  convention,  and  delegates  often  come 
instructed  by  their  unions  on  particular  measures.  At  present 
the  proceedings  of  the  convention  are  made  as  public  as  possible, 
though  this  has  not  always  been  the  practice.  The  convention 
during  its  session  listens  to  the  report  of  the  president  outlining 
the  general  situation  and  calling  attention  to  such  particular 
questions  as  may  be  of  current  importance.  The  report  of  the 
legislative  committee  is  also  presented,  describing  the  work 
of  the  past  session  of  the  legislature,  recounting  the  fate  of 
bills  and  the  attitude  of  members  of  committees,  and  making 


LEGISLATIVE  METHODS  347 

special  recommendations.  The  convention  is  divided  into  the 
several  standing  committees  provided  for  by  the  constitution, 
and  such  other  additional  committees  as  may  be  necessary. 
To  these  committees  all  matters  are  referred  for  consideration. 
This  regulation  applies  to  all  measures,  both  those  previously 
instituted  by  local  unions  and  those  inaugurated  by  the  conven- 
tion itself.  An  important  rule  is  that  each  committee  must 
report,  either  favorably  or  unfavorably,  on  every  bill  or  resolu- 
tion referred  to  it.  Their  reports  are  then  either  adopted  or 
rejected  by  the  convention.  A  large  number  of  the  resolutions 
fail  of  a  favorable  report  from  the  committee.  The  number 
varies,  and  different  estimates  are  made.  One  reliable  authority 
fixes  it  at  about  thirty  per  cent.  The  general  policy  of  the 
conventions  is  stated  by  one  intimately  connected  with  their 
workings  to  be  "to  take  favorable  action  for  legislation  upon 
propositions  concerning  which  there  is  entire  agreement,  and 
to  avoid  that  on  which  there  is  division." 

The  Legislative  Program.  —  No  matter  how  many  conflict- 
ing interests  may  appear  in  the  convention,  after  the  adjourn- 
ment there  stands  a  definite  program  for  the  coming  session  of  the 
legislature.  The  purpose  of  the  convention  is  accomplished  up 
to  this  stage  in  a  very  thorough  manner.  Out  of  the  extreme 
complexity  in  the  beginning  has  come  in  the  end  a  well-defined 
policy  as  the  result  of  a  well-organized  system  of  selecting,  re- 
jecting and  uniting.  A  legislative  program  has  been  formulated. 
It  represents  the  wishes  of  the  members  in  so  far  as  those  wishes 
are  regarded  as  practical  and  within  reach. 

EFFORTS   TO   SEAT  LEGISLATORS 

This  legislative  program  must  now  be  written  into  law.  ^A 
part  of  the  work  has  already  been  anticipated  through  agencies 
already  organized,  and  results  are  secured  as  far  as  possible. 
Experience  soon  taught  that  efforts  to  influence  legislators  al- 
ready seated  are  not  sufficient.  If  members  can  be  nominated 
and  elected  who  are  in  favor  of  labor  in  general,  much  is  gained 
at  the  beginning.  There  are  two  ways  of  working  to  secure 
such  results.  One  is  by  independent  local  action  to  nominate  a 
candidate  within  a  district,  and,  if  possible,  elect  him.  The 
other  is  to  unite  the  voting  force  of  the  unions  within  a  district 


348    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  turn  it  in  favor  of  that  party  candidate  already  nominated 
who  will  make  the  most  satisfactory  pledges.  From  preference 
many  unions  will  choose  the  former,  but  conditions  often  give 
them  balance  of  power  where  they  have  not  strength  enough  to 
carry  an  independent  nomination.  Hence  they  more  frequently 
accept  the  pledges,  relying  as  best  they  may  upon  their  redemp- 
tion. The  influences  tending  to  prevent  independent  political 
action  are  very  real  and  very  strong.  They  have  been  strong 
enough  to  prevent  the  plan  of  independent  nominations  of 
labor  candidates  from  being  generally  adopted.  Attempts  in 
many  instances  to  elect  "labor  representatives"  to  legislatures 
have  met  with  failure  while  in  but  few  has  success  been  the  out- 
come. This  result  has  led  very  generally  to  the  effort  to  select 
districts  where  the  labor  vote  is  large  and  to  request  the  leading 
political  party  in  those  districts  to  nominate  as  their  candi- 
dates members  in  good  standing  in  labor  unions  affiliated  with 
the  state  organization  who  should  voice  the  wishes  of  the  la- 
borers in  the  legislature.  This  policy  has  grown  out  of  the  fact 
that  however  enthusiastic  a  laboring  man  may  be  in  the  in- 
terests of  labor,  he  is  at  the  same  time  something  more  than  a 
laborer,  and  that  this  something  holds  him  by  ties  too  strong 
to  permit  of  independent  local  political  action.  Together  with 
this  tendency  there  developed  out  of  experience  a  practical 
difficulty  that  evidently  was  not  at  first  foreseen.  There  were 
men  of  influence  in  the  legislature  who  had  served  well  the 
interests  of  labor.  They  took  notice  of  the  nomination  of  in- 
dependent candidates.  They  made  it  known  in  unmistakable 
terms  to  the  members  of  legislative  committees  of  the  unions 
that  they  saw  no  point  in  continuing  to  advocate  labor  measures 
only  to  have  labor  candidates  nominated  against  them  at  the 
next  election.  They  might  have  added  further  that  for  the 
same  reason  they  would  be  unable  to  secure  support  from  any 
of  their  colleagues  in  the  future.  The  present  tendency  is  away 
from  independent  nominations,  at  least  until  they  can  be  made 
more  general  than  district  nominations,  and  towards  the  use 
of  organized  balance  of  power,  in  order  to  turn  the  scale  as  far 
as  possible  in  favor  of  one  of  the  candidates  already  nominated. 
Every  effort  is  now  made  by  leaders  of  the  labor  movement  to 
seat  friends  of  labor  from  both  parties  and  then  rely  on  their 
assistance  for  the  passage  of  bills.     In  these  efforts  they  are 


LEGISLATIVE  METHODS  349 

supported  in  a  greatly  varying  degree  by  the  labor  voter.  In 
general,  he  is  prevented  by  numerous  other  considerations 
from  following  blindly  the  candidate  who  is  most  outspoken 
in  his  loyalty  to  the  cause  of  labor. 

Pledging  the  Candidates.  —  One  way  of  getting  a  candidate 
to  commit  himself  is  to  submit  to  him  in  public  a  pledge.  These 
pledges  are  drawn  up  by  the  executive  council  and  sent  out  to 
every  senate  and  assembly  district.  In  various  ways  and  with 
as  great  publicity  as  possible  the  leaders  in  these  districts  ask 
the  candidates  to  pledge  themselves.  The  pledges  name  the 
leading  measures  to  be  presented  to  the  legislature  at  its  com- 
ing session.  The  number  of  measures  inserted  in  the  pledge 
varies  from  year  to  year,  but  the  intention  is  to  include  the  few 
that  are  regarded  as  of  greatest  importance. 

Its  Value.  —  There  is  difference  of  opinion  among  labor 
leaders  themselves  as  to  the  real  value  of  this  system  of  pledging 
candidates.  It  has  been  used  rather  widely  and  for  a  long  time. 
Resolutions  have  been  introduced  in  the  sessions  of  some  of 
the  conventions  favoring  the  abandonment  of  the  entire  plan. 
Some  leaders  insist  that  it  accomplishes  nothing  at  all.  It  is, 
however,  the  only  centralized  effort  made.  All  others  depend 
much  upon  the  locality,  and  vary  greatly  in  efficacy  according 
to  the  degree  of  enthusiasm  that  exists  locally  for  the  labor 
movement. 

LEGISLATIVE   SESSIONS 

In  this  way  a  program  of  labor  bills  is  prepared  for  presenta- 
tion, and  efforts  made  to  secure  legislators  who  will  favor  it. 
The  problem  that  now  confronts  the  managers  may  be  summed 
up  as  follows:  Given  a  number  of  bills  to  be  enacted  into  law 
and  a  legislature  only  a  few  of  whose  members  can  be  relied 
upon  as  friends  through  thick  and  thin,  how  can  the  greatest 
possible  number  of  these  bills  be  passed  with  the  fewest  pos- 
sible changes  or  amendments? 

Legislative  Committee.— The  organization's  chief  reliance 
for  the  accomplishment  of  this  end  is  the  legislative  committee. 
This  committee  may  be  made  up  of  members  of  the  executive 
council,  or  it  may  be  a  special  committee  elected  by  the  con- 
vention at  its  annual  session.  In  the  case  of  the  elected  com- 
mittee one  member  will  be  designated  as  chairman.     It  will 


350    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

be  his  duty  to  be  present  at  the  capital  during  the  entire  session 
of  the  legislature  to  watch  the  interests  of  the  laborers  in  the 
bills  before  the  session  and  to  call  in  his  associates  when  needed. 
Such  an  arrangement  centralizes  very  effectively  the  influence 
of  the  organization  and  maintains  close  communication  with 
all  members. 

Its  Varied  Work.  —  To  describe  definitely  and  accurately  the 
work  of  such  a  committee  is  difficult  owing  to  the  scope  of  its 
powers,  the  variety  of  their  uses  and  the  complexity  of  the  in- 
terests involved.  It  is  quite  impossible  to  estimate  mathe- 
matically the  result  of  the  work.  The  only  way  to  secure  an 
adequate  idea  of  the  extreme  patience,  tact  and  watchfulness 
necessary  to  the  accomplishment  of  any  results  at  all  is  to  fol- 
low the  work  of  a  committee  through  a  session  of  the  legislature 
in  one  of  the  larger  industrial  states.  A  fairly  clear  idea  may 
be  gained  from  a  reading  of  the  reports  of  the  committee  and 
the  resolutions  and  discussions  of  the  annual  conventions. 
The  core  of  the  work  consists  in  taking  the  bills,  getting  them 
introduced,  attending  the  hearings  before  committees,  and 
urging  individuals  to  vote  favorably  when  the  matter  comes  to  a 
vote  before  the  house.  Yet  if  this  were  all  that  a  committee 
did,  no  results  at  all  could  be  expected.  When  is  a  bill  to  be 
introduced?  Shall  it  be  introduced  first  in  the  lower  or  in  the 
upper  house,  or  in  both  simultaneously?  This  settled,  which 
member  shall  be  chosen  to  introduce  the  bill?  Will  the  bill  be 
given  a  hearing?  Will  it  ever  be  reported  from  committee?  If 
so,  will  it  be  amended?  Will  it  come  to  a  final  vote?  If  the  bill 
lives  through  all  this,  there  are  the  same  dangers  awaiting  it 
in  the  next  house,  and  in  addition  arise  the  questions:  Has  it 
passed  the  first  house  in  time?  If  amended,  is  there  time  for 
a  reconsideration?  If  finally  passed  by  both  houses,  will  it  be 
signed  or  vetoed?  Multiply  these  dangers  by  the  number  of 
bills  to  be  cared  for,  and  the  product  gives  only  a  part  of  the 
duties  and  responsibilities  of  a  chairman  of  a  legislative  com- 
mittee in  one  of  the  larger  states.  Reports  show  that  more 
bills  are  introduced  in  the  lower  than  in  the  upper  house  and 
proportionately  more  bills  pass  the  former.  The  introduction 
of  the  bills  is  looked  after  with  much  care.  For  instance,  in 
one  case  there  were  thirteen  bills  to  be  introduced.  The  legis- 
lative committee  called  a  conference  with  the  legislators  who 


LEGISLATIVE  METHODS  351 

were  "known  to  be  affiliated  with  organized  labor,"  recognizing 
that  it  "was  very  essential  that  the  members  of  the  legisla- 
ture in  our  favor  should  cooperate  with  us."  Seven  members 
responded  to  the  call  and  the  thirteen  bills  were  divided  among 
them  for  introduction.  The  work  of  the  legislative  committee 
at  the  time  of  legislative  hearings  is  of  extreme  importance, 
as  it  is  at  this  point  that  failure  awaits  by  far  the  larger  num- 
ber of  bills.  Even  while  the  measures  are  before  the  governor, 
the  committee  is  still  at  work,  and  conferences  between  the 
governor  and  the  chairman  and  the  president  of  the  state  federa- 
tion are  by  no  means  unusual. 

The  duties  already  described  make  the  work  extremely  com- 
plicated. But  still  other  matters  increase  the  complexity.  In 
most  earlier  cases  there  was  no  labor  committee  on  the  list  of 
committees  of  the  legislature.  Labor  bills  were  then  distrib- 
uted among  a  number  of  committees  for  consideration.  This 
would  often  result  in  several  hearings  being  set  for  the  same 
hour,  as  well  as  in  increasing  the  number  of  committees  to  be 
watched.  In  such  cases  efforts  were  strongly  bent  in  the  direc- 
tion of  securing  a  labor  committee  as  one  of  the  standing  com- 
mittees of  the  body.  In  many  legislatures  this  effort  has  been 
successful. 

Obstacles  in  the  Way  of  Success :  Too  Many  Bills.  —  A  se- 
rious handicap  in  the  accomplishment  of  the  work  is  the  presen- 
tation of  too  many  bills.  The  convention,  through  the  necessity 
of  various  compromises,  will  endorse  a  long  list  of  measures  all 
of  which  are  turned  over  to  the  care  of  the  legislative  committee. 
Experience  soon  began  to  teach  its  lesson  at  this  point.  Again 
and  again  in  the  reports  of  these  legislative  committees  to  the 
annual  conventions  warnings  have  been  raised  against  this 
danger.  "We  have  too  many  bills."  " The  greater  the  number 
urged  the  less  our  chances  on  any  of  them."  "We  believe  that 
if  determined  action  was  taken,  and  only  two  or  three  bills  pre- 
sented at  each  session,  more  work  would  be  accomplished." 

However  reasonable  it  may  appear  that  the  number  of  meas- 
ures should  be  limited,  in  practice  this  proves  very  difficult  to 
accomplish.  The  complaint  is  one  of  long  standing.  Yet  the 
number  of  interests  represented  in  all  the  different  unions  is  so 
great  and  so  varied  that  it  seems  quite  impossible  to  hold  the 
organizations  together  in  the  face  of  the  opposition  that  would 


352     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

arise  if  a  narrow  limit  were  established  in  the  number  of  bills 
chosen.  The  number  of  interests  is  so  large  and  the  importance 
of  keeping  them  all  in  line  is  so  great  that  in  practice  the  list  of 
measures  placed  in  the  hands  of  the  legislative  committees  is 
still  quite  too  long.  The  contrast  will  appear  if  two  states  are 
taken  as  examples.  In  one  of  these  the  state  federation  recently 
confined  its  campaign  to  eight  specific  measures:  a  constitutional 
convention;  workmen's  compensation;  short  firers'  law;  eight- 
hour  law  for  women;  anti-injunction  law;  building  law;  and  a 
ventilation  law  for  metal  workers.  This  list  seems  reasonably 
short  and  one  upon  which  the  legislative  committee  could 
profitably  concentrate  its  efforts.  What  was  done  by  the  nu- 
merous organizations  who  proposed  measures  that  were  not  in- 
corporated into  the  program  is  not  a  matter  of  record.  If  the 
legislative  committee  did  not  have  some  of  them  to  contend  with 
as  independent  lobbyists  before  the  legislature  adjourned,  they 
escaped  in  very  good  fortune  indeed. 

In  the  other  of  these  two  cases  the  state  convention  drew  up 
a  legislative  program.  One  of  the  leading  labor  papers  of  the 
state  printed  the  list  with  the  following  interesting  comment: 
"The  list  includes  a  wide  range  of  social  activities,  and  is  an 
emphatic  denial  that  labor  unions  are  only  interested  in  'more 
money.'"  Then  followed  a  list  of  "the  most  important  of  the 
proposals."  This  partial  list  contained  twenty-seven  measures 
to  be  enacted  into  law.  Evidently  these  were  only  some  of  the 
bills.  There  were  the  initiative  and  referendum,  women's 
suffrage,  home  rule  for  cities,  a  free  state  university,  forbidding 
the  sale  of  prison-made  goods  in  the  open  market,  supervision 
of  all  employment  agencies,  representation  of  labor  on  all  com- 
missions having  a  membership  of  three  or  more,  —  these  are 
some  of  the  "most  important  of  the  proposals."  All  were  to  be 
dealt  with  in  the  single  session  of  the  state  legislature.  If  expe- 
rience can  .count  for  anything,  it  would  not  be  difficult  to  guess 
the  outcome  of  such  a  program. 

Not  only  is  the  number  of  bills  a  detriment.  Many  of  them 
prove  to  be  poorly  drafted.  Much  time  is  spent  in  correcting 
them,  if  indeed  they  are  not  thrown  out  entirely  because  of  this 
fault.  "I  would  further  recommend,"  says  one  president  in  his 
annual  report,  "  that  all  bills  that  we  pass  for  the  legislature  be 
examined  with  care  and  all  defects  removed  therefrom,  so  that 


LEGISLATIVE  METHODS  353 

the  legislative  committee  will  be  enabled  to  present  an  almost 
perfect  bill."  "Sometimes,"  reports  a  committee,  "bills  come 
into  the  hands  of  your  committee  in  such  bad  shape  that  it  is 
necessary  to  have  a  lawyer  revise  them." 

Too  Many  Committees.  —  And  in  addition  to  these  draw- 
backs other  obstacles  arise.  Especially  in  the  earlier  years  of  the 
development  of  these  legislative  methods  there  were  several  com- 
mittees in  the  field,  representing  rival  labor  organizations.  Prior 
to  1897  in  New  York  State  there  were  three  separate  legislative 
committees  urging  three  separate  programs.  These  resembled 
each  other  in  only  a  few  leading  measures  and  differed  in  nu- 
merous essential  points.  Where  the  rivalry  between  the  branches 
of  the  Knights  of  Labor  and  those  of  the  American  Federation  of 
Labor  has  been  keen,  there  have  been  maintained  two  separate 
committees.  In  such  a  case  it  not  infrequently  happens  that  two 
labor  bills  on  the  same  subject  will  be  introduced  in  the  same 
session  of  the  same  legislature,  one  coming  from  each  committee. 
This  will  necessitate  delay  before  the  legislature  while  the  two 
committees  either  fight  it  out  between  themselves  or  come  to  a 
compromise  draft  of  the  bill.  During  the  agitation  against 
Pinkerton  men  in  New  York  there  were  three  separate  bills 
urged  by  three  separate  organizations  each  claiming  to  represent 
the  interests  of  organized  labor  in  the  state.  Each  committee 
worked  hard  to  get  its  own  bill  reported  in  preference  to  the 
others.  Finally  the  codes  committee,  to  which  the  measures  had 
been  referred  in  the  legislature,  told  the  contending  parties  that 
if  they  would  draft  a  bill  agreeable  to  all  concerned,  it  would  be 
reported  favorably.  The  year  following  this  experience  a  State 
Printing  bill  came  up  for  consideration  and  the  three  committees 
joined  hands  in  pushing  it. 

As  if  to  add  to  the  confusion  it  will  sometimes  happen  that 
local  societies  will  bring  their  own  measures  forward  as  labor 
bills.  It  may  be  that  they  have  attempted  to  secure  an  endorse- 
ment of  the  measure  at  the  annual  convention  and  failed,  or  it 
may  be  an  instance  of  a  local  society  not  affiliated  with  a  state 
federation.  In  any  case  such  a  measure  will  be  urged  as  a  labor 
bill.  If  such  measure  has  not  been  endorsed  by  the  state  or- 
ganization, the  legislative  committee  will  oppose  it.  This  has  at 
times  led  to  great  confusion  and  much  uncertainty  as  to  what 
are  labor  bills  and  what  are  not.    In  the  reports  of  the  New  York 


354    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

State  Workingmen's  Assembly  occur  complaints  that  indicate 
the  frequency  of  this  difficulty.  The  following  is  a  typical 
statement  from  one  of  the  reports:  "There  is  no  previous 
record  of  so  large  a  number  of  bills  being  introduced  or  so  many 
representatives  of  labor  organizations  being  present.  The 
Workingmen's  Assembly,  the  state  branch  of  the  American 
Federation  of  Labor  and  the  Knights  of  Labor,  also  several 
small  societies,  each  had  a  full  committee  present.  There  was  a 
deluge  of  labor  bills.  Not  one  real  labor  bill  became  a  law. 
Members  of  the  legislature  who  have  watched  and  been  friendly 
to  labor  legislation  for  years  say  there  was  too  much  of  it,  and 
they  were  right.  To  say  that  fifty  labor  measures  were  intro- 
duced is  putting  it  mildly." 

On  another  occasion  a  report  states  that  "such  diversity  tends 
in  a  great  measure  to  weaken  our  efforts,  to  defeat  our  plans  and 
to  prevent  us  from  securing  the  legislation  necessary  for  our 
protection  and  welfare.  .  .  .  Members  of  the  legislature  tell  us 
that  if  we  could  only  make  up  our  minds  as  to  what  we  want  we 
might  get  something." 

Organization  Measures.  —  Wherever  it  has  been  possible  to 
centralize  authority  the  organization  has  endeavored  to  dis- 
tinguish between  its  measures  and  those  of  others.  It  then 
announces  that  only  its  own  bills  are  to  be  regarded  as  "labor 
measures"  and  that  its  own  committee  is  in  charge  of  all  "offi- 
cial" measures.  When  this  plan  succeeds  it  destroys  the  in- 
fluence behind  a  large  number  of  local  measures.  The  legislative 
committee  quite  generally  adopts  the  policy  of  withholding  its 
influence  from  any  measure  that  has  not  received  the  endorse- 
ment or  is  not  a  part  of  the  legislative  program  of  the  state 
organization. 

One  other  source  of  confusion  exists,  one  that  is  not  so  easily 
brought  under  control. 

There  is  the  introduction  of  bills  dealing  with  labor  interests 
by  persons  not  considered  to  be  "labor"  men,  and  even  by  legis- 
lators themselves.  Even  though  these  may  be  excellent  meas- 
ures, the  labor  leaders  usually  refuse  to  recognize  them.  They 
undoubtedly  consider  this  attitude  necessary  for  the  maintenance 
of  efficient  organization  and  supervision.  Yet  it  cannot  be  said 
to  be  the  full  explanation.  They  take  a  very  well-defined  posi- 
tion in  the  matter.    " More  than  half  the  labor  bills  introduced," 


LEGISLATIVE  METHODS  355 

they  say,  "are  introduced  for  the  purpose  of  giving  the  intro- 
ducer political  prestige  in  his  district,  or  are  introduced  by 
scheming  persons  claiming  to  represent  this  or  that  labor  or- 
ganization, while  the  real  object  in  view  by  the  promoter  is  gain 
for  himself."  This  is  without  doubt  an  unjustifiable  accusation 
for  any  labor  leader  to  make  in  such  general  terms,  yet  it  shows 
the  determination  to  keep  the  initiation  of  laws  as  much  as  pos- 
sible in  their  own  hands.  It  also  shows  an  unwarrantable  im- 
patience with  others  who  have  very  often  only  a  desire  to  pro- 
mote the  good  of  all. 

An  instance  of  action  on  the  part  of  the  unions  not  affiliated 
with  the  American  Federation  of  Labor  is  found  in  Indiana  when, 
during  the  last  session  of  the  legislature,  a  cooperative  board  was 
formed  by  the  agreement  of  eight  representatives  of  the  Brother- 
hood of  Locomotive  Engineers,  Brotherhood  of  Locomotive 
Firemen  and  Enginemen,  Order  of  Railroad  Conductors,  Broth- 
erhood of  Railroad  Trainmen,  and  Order  of  Railroad  Teleg- 
raphers. These  men  agreed  to  "support  each  other  in  every 
possible  way."  Three  bills  out  of  five  were  secured,  the  credit  for 
which  this  group  claims.  One  of  the  bills  that  was  lost  dealt  with 
some  requirements  favorable  to  telegraph  operators.  It  was 
opposed  by  a  member  of  the  legislature  who  was  also  a  member 
of  the  Order  of  Railroad  Conductors.  Of  this  member  the 
representative  of  the  telegraphers  reports  to  his  union:  "The 
interests  of  the  telegraphers  in  a  legislative  way  will  probably 

have  a  better  chance  in  the  future  if  they  see  that  Mr.  W 

is  kept  in  charge  of  his  train  on  the  .  .  .  railroad  instead  of 
helping  elect  him  as  a  representative." 

Speaking  of  the  results  of  the  work  in  general  the  report  con- 
cludes: "This  was  our  first  time  to  be  represented  at  the  General 
Assembly  and  our  first  effort  to  obtain  favorable  legislation,  but 
it  should  be  by  no  means  our  last.  The  representatives  of  the 
other  brotherhoods  have  put  many  valuable  laws  on  the  statute 
books  of  the  state  of  Indiana,  due  to  their  hard  and  persistent 
work  during  the  sessions  of  the  General  Assembly.  The  teleg- 
raphers, due  to  their  lack  of  representation,  have  practically  no 
laws  of  a  remedial  character.  What  we  are  able  to  do  in  the 
future  will  be  governed  to  a  great  extent  by  the  amount  of  in- 
fluence we  can  bring  to  bear  in  the  political  field,  and  each  and 
every  one  of  us  should  get  into  the  game  in  our  respective  local- 


356    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ities  and  see  that  our  friends  are  rewarded  and  our  enemies  kept 
at  home." 

The  Legislator's  "  Record."  —  Reference  has  already  been 
made  to  the  plan  of  submitting  pledges  to  candidates.  After 
their  election  the  idea  is  applied  still  further  by  keeping  a  careful 
record  of  all  votes  on  labor  bills.  These  results  are  embodied 
each  year  in  the  report  of  the  legislative  committee,  and  legisla- 
tors are  classified  according  to  their  records.  Various  classes 
have  been  made  from  time  to  time  and  in  the  several  states. 
Some  of  these  are  "special  mention";  "favorable  mention"; 
"black  list"  and  "dodgers."  In  other  cases  the  two  latter  ones 
are  "hike  warm"  and  "black  list."  Other  lists  begin  with  "roll 
of  honor."  Legislators  are  assigned  places  in  these  lists  accord- 
ing to  the  number  of  labor  measures  for  which  they  vote.  More 
recently  the  plans  have  been  changed  in  some  of  the  organiza- 
tions. A  list  of  names  of  all  the  legislators  is  printed  and  opposite 
each  name  is  stated  the  number  of  bills  supported,  the  number 
opposed  and  the  number  of  absences  at  the  time  of  voting.  This 
is  regarded  as  being  a  more  reliable  representation  of  the  attitude 
of  each  one  of  the  members.  Those  who  have  an  unfavorable 
record,  according  to  the  classification  adopted  by  the  organiza- 
tion, are  marked  and  the  voters  are  supposed  to  "remember" 
them  at  the  next  election.  The  members  of  the  legislative  com- 
mittee have  learned  from  experience  that  such  a  list  standing  by 
itself  is  not  to  be  taken  as  altogether  conclusive.  Even  a  good 
record  is  not  always  to  be  taken  as  favorable  to  the  legislator. 
As  they  have  stated  in  their  reports  the  committee  know  of  many 
cases  where  bills  have  been  "held  back  through  subterfuge  or 
excuse  until  the  last  days  of  the  session.  Then  the  member,  for 
the  purpose  of  'making  a  record,'  will  move  the  passage." 

Close  Touch  with  Locals.  —  The  committee  is  always  in 
correspondence  with  local  organizations.  This  enables  them  at 
the  critical  point  to  draw  in  from  local  unions  resolutions,  letters 
or  telegrams  to  members,  and  even  special  visits  of  delegations 
from  some  field  where  a  doubtful  vote  may  be  turned  or  a  hos- 
tile attitude  modified. 

Plans  have  been  formulated  from  time  to  time  for  carrying  this 
legislative  organization  still  further.  It  has  been  proposed  to 
organize  local  legislative  committees  or  appoint  local  representa- 
tives in  every  district.    This  would  enable  the  central  agency  at 


LEGISLATIVE  METHODS  357 

the  capital  to  come  in  touch  more  quickly  with  the  voters  for  the 
purpose  of  a  demonstration.  The  local  representative  would  be 
communicated  with  and  it  would  be  his  duty  to  arouse  those 
within  his  influence.  It  is  supposed  that  a  letter  or  a  call  from  a 
member  or  a  delegation  of  a  constituency  has  far  more  weight 
with  a  legislator  than  pressure  brought  to  bear  from  many  other 
sources.  Through  the  local  committees  advantage  might  be 
taken  of  this  influence  quickly  and  forcibly  at  those  critical  times 
when  votes  are  needed  and  when  other  means  of  securing  them 
have  failed.  This  plan  has  not  been  easy  to  apply  and  it  has  not 
been  extended  to  the  lengths  that  it  was  at  first  hoped  it  would 
be. 

Estimate  of  the  System. —  This  is  the  outline  of  the  system. 
In  many  points  it  is  strong,  in  many  it  is  weak.  It  is  above  all  an 
intensely  practical  system.  It  aims  to  benefit  labor  and  labor 
alone.  It  is  suspicious  of  outside  interference  and  jealous  of 
suggestion.  Its  organization  is  becoming  stronger  as  it  is  learn- 
ing by  experience.  The  demands  of  the  future  may  be  relied 
upon  to  modify  its  workings  still  further,  and  such  modification 
will  tend  to  eliminate  the  weak  points  and  to  strengthen  those 
already  strong.  It  may  even  now  be  regarded  as  a  powerful 
influence  in  legislation.  As  to  results,  positive  statements  must 
be  made  with  extreme  caution.  In  general  it  may  be  said,  be- 
yond the  possibility  of  contradiction,  that  the  organization 
above  described  has  been  a  potent  factor  in  securing  that  body  of 
laws  known  by  the  general  name  of  labor  legislation. 

While  it  cannot  be  doubted  that  positive  influence  has  been 
exerted,  great  difficulty  arises  in  determining  its  exact  extent. 
So  numerous  and  interwoven  are  the  various  interests  repre- 
sented in  the  legislative  halls  that  to  single  out  any  one  of  them 
and  make  a  mathematical  calculation  of  its  force  is  impossible. 
To  attribute  the  passage  of  any  given  law  to  the  influence  of  any 
single  organization,  or  to  that  of  a  group  of  allied  organizations, 
is  wholly  unsafe.  Even  the  opposition  of  directly  conflicting 
interests  may  enlist  in  favor  of  a  movement  interests  which  were 
at  first  neutral. 

Taking  the  laws  that  are  denominated  labor  laws  by  the  state 
departments  of  labor  and  tracing  their  development  in  the 
sessions  of  the  legislatures,  and  at  the  same  time  making  a 
parallel  study  of  the  proceedings  of  the  conventions  of  the  labor 


358    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

organizations,  the  reports  of  their  officers  and  the  legislative 
committees,  it  is  believed  that  the  study  will  show  in  a  striking 
way,  in  nearly  every  case,  both  the  activity  of  the  labor  or- 
ganizations and  their  determined  advocacy  of  the  bills  that 
have  been  enacted  into  law.  The  conclusion  seems  warranted 
that  in  securing  the  enactment  of  labor  laws  labor  organizations 
have  taken  a  very  active  interest  and  that,  as  compared  with 
other  organizations,  they  have  exercised  the  greatest  and  in  most 
cases  the  determining  influence. 

Recognition  of  the  influence  of  labor  leaders  with  the  legisla- 
tive bodies  comes  from  unexpected  sources  and  with  no  little 
authority.  A  leading  New  York  daily  has  asked  why  labor  is  not 
represented  in  the  legislative  halls  of  the  nation  by  its  men  of 
power  and  purpose.  To  this  another  New  York  daily  replies. 
Having  in  mind  the  enactment  of  the  Seamen's  bill  and  the 
exceptions  in  favor  of  the  farmer  and  the  laborer  made  in  the 
Clayton  bill,  it  speaks  directly  to  the  point.  "There  is  no  need 
of  such  representation.  Congress  is  a  subordinate  branch  of  the 
American  Federation  of  Labor.  .  .  .  The  men  of  'power  and 
purpose'  among  American  laborites  scorn  to  enter  a  body  on 
which  from  the  exterior  they  can  impose  their  will.  .  .  .  The 
unsleeping  watchmen  of  organized  labor  know  how  intrepid  most 
Congressmen  are  when  threatened  with  the  'labor  vote.'  The 
American  laborites  don't  have  to  send  men  to  Congress  as  their 
British  brethren  do  to  the  House  of  Commons.  From  the 
galleries  they  watch  the  proceedings.  They  are  mighty  in  com- 
mittee rooms.  They  reason  with  the  recalcitrant.  They  bull- 
doze the  weak.  They  fight  opponents  in  their  Congress  dis- 
tricts. There  are  no  abler  or  more  potent  politicians  than  the 
labor  leaders  out  of  Congress.  The  labor  representatives  in  it  are 
usually  small  fry.  .  .  .  Why  should  rulers  like  Mr.  Gompers  and 
Mr.  Furuseth  go  to  Congress.     They  are  a  Supercongress." 


CHAPTER  XXII 
LABOR  LEGISLATION 

With  such  a  machine  built  up  to  secure  legislation  the  question 
naturally  arises :  What  results  can  it  show?  This  question  can  be 
answered  only  in  part;  and  this  for  two  reasons.  First:  legisla- 
tion is  the  result  of  a  set  of  forces  far  too  complex  for  such  fine 
measurement.  Other  agencies  and  associations  cooperate  either 
purposefully  or  incidentally  in  the  work  of  the  lobby.  The  results 
cannot  be  separated  to  the  definite  credit  of  these  various  and 
separate  factors.  Labor  organizations,  for  example,  are  quite 
uniformly  in  favor  of  child  labor  legislation.  Yet  the  National 
Child  Labor  Committee  is  admittedly  the  leader  in  pushing  this 
line  of  legislation,  while  the  legislative  committees  of  unions  give 
very  active  support.  In  such  a  case  it  would  obviously  be 
equally  unfair  to  give  to  either  one  of  these  organizations  the 
entire  credit  or  no  credit  for  child  labor  legislation.  Even  this 
illustration  takes  no  account  of  other  groups  that  actively  work 
in  this  particular  line.  Second:  it  is  not  easy  to  draw  a  clear  line 
between  labor  legislation  and  other  legislation.  When  a  law  is 
passed  requiring  the  registration  of  tuberculosis  cases  it  is 
difficult  to  classify.  Some  cases  of  this  disease  are  clearly  due  to 
industrial  causes,  others  are  not.  Yet  the  law  makes  no  such 
distinction.  Legislation  requiring  the  licensing  of  chauffeurs  or 
of  operators  of  moving  picture  machines  might  be  backed  by  a 
union  of  chauffeurs  or  of  moving  picture  operatives,  or  it  might 
be  the  result  of  a  recommendation  of  public  administrative 
officials  made  solely  in  the  interests  of  public  safety. 

Difficult  to  Measure  Results.— With  such  difficulties  of  anal- 
ysis and  classification  in  the  way  it  is  clearly  impossible  to  state 
definitely  the  legislative  results  that  are  due  to  the  labor-union 
lobby.  Yet,  speaking  generally,  there  can  be  no  doubt  that 
the  effort  along  this  line  has  led  to  very  positive  results.  The 
enthusiastic  unionist  is  very  firm  in  his  claim  that  the  large 
number  of  laws  now  in  force  for  the  benefit  and  protection  of 

359 


360    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  human  factor  in  industry  is  due  solely  to  the  persistency  of 
union  activity.  The  statement  is  undoubtedly  an  exaggeration 
of  a  truth.  A  study  of  the  situation  in  its  broader  phases  leads 
to  the  conclusion  that  the  legislative  activity  of  unionism  is 
to  be  accorded  a  large  part  of  the  credit  of  having  secured  that 
body  of  law  that  we  call  labor  legislation.  Within  the  past  few 
years,  it  must  be  admitted  that  other  groups  have  played  a  very 
important  role.  The  National  Child  Labor  Committee  with 
its  state  branches  in  many  industrial  states,  the  National 
Women's  Trade  Union  League,  the  Consumers'  League,  the 
American  Association  for  Labor  Legislation;  these  are  some 
of  the  important  agencies  in  securing  a  large  portion  of  the  pro- 
gressive industrial  legislation  of  the  past  decade.  They  have 
usually  worked  in  close  cooperation  with  the  legislative  com- 
mittees of  the  unions. 

Early  Phases  of  Legislation.  —  For  reasons  already  stated, 
as  well  as  because  of  limitation  of  space,  it  will  be  impossible 
in  this  chapter  to  do  more  than  illustrate  the  results  that  have 
been  won.  Taking  the  earlier  phases  of  this  legislation,  it  must 
be  noted  that  they  antedate  the  labor  movement  as  it  is  known 
to-day.  Mechanic's  lien  laws,  laws  that  reorganized  the  terms 
of  militia  service,  and  even  the  first  ten-hour  day  legislation 
were  the  products  of  another  movement.  This  era  has  been 
briefly  referred  to  in  a  former  chapter.  Our  factory  legislation 
also  was  in  its  beginnings  the  product  of  other  forces.  English 
precedents  coupled  with  some  of  our  first  serious  investigations 
into  factory  conditions  at  home  started  a  line  of  legislation 
that  has  been  constantly  augmented.  Labor  unions  early  in 
their  own  experience  joined  in  with  other  agencies  to  push  this 
group  of  laws.  Recent  movements  to  increase  the  number  of 
inspectors  have  been  strongly  backed  by  the  unions.  These 
have  met  generally  with  success,  often  leading  to  the  appoint- 
ment of  active  trade-union  men  to  some  of  the  new  positions 
created  by  the  laws. 

Bureaus  of  Labor.  —  One  of  the  earliest  movements  seriously 
taken  up  by  the  legislative  departments  of  the  state  organiza- 
tions was  the  establishment  of  departments  or  bureaus  of  labor 
in  the  several  states.  This  has  been  actively  pushed  until  at 
present  at  least  thirty-eight  of  the  states,  besides  Hawaii,  Porto 
Rico  and  the  Philippines,  have  special  legislation  for  this  de- 


LABOR  LEGISLATION  361 

partment  of  state  administration.  Seven  other  states  have 
more  limited  activity  in  the  same  line,  as  factory  or  mine  inspec- 
tion. In  several  of  these  thirty-eight  states  there  has  been  a 
reorganization  in  the  form  of  an  industrial  commission  that 
combines  in  one  group  the  activities  of  the  bureaus  of  labor  and 
all  other  matters  pertaining  to  industry  in  the  state.  These 
various  departments  of  labor  have  been  regarded  by  the  unions 
as  in  some  respects  their  own  peculiar  interest.  Very  frequently 
the  heads  of  the  departments  have  been  chosen  either  from 
among  the  labor  leaders  themselves  or  upon  their  recommenda- 
tion. 

Immigration.  —  Immigration  has  been  a  subject  in  which 
unions  are  vitally  interested.  One  phase  of  this  is  alien  labor 
and  laws  regulating  it.  Not  many  kinds  of  alien  labor  can  be 
regulated  by  law  and  so  public  works  have  been  the  center  of 
attention.  In  nine  states  the  employment  of  aliens  on  public 
works  has  been  either  prohibited  or  closely  regulated.  These 
laws  have  received  the  special  attention  of  union  legislative 
committees. 

Varied  Subjects  of  Legislation.  —  In  mediation  and  arbitra- 
tion there  are  numerous  laws.  Many  states  have  state  boards 
that  are  the  result  of  legislation  especially  urged  by  union  labor. 
There  has  been  legislation  along  this  line  in  thirty-four  states. 
Hiring  armed  guards  has  been  dealt  with  in  ten  states.  Black- 
listing of  employees  by  employers  has  been  subject  to  legislative 
action  in  twenty-six  states.  Laws  against  coercion  of  em- 
ployees in  trading  are  found  in  twenty  states;  regulating  or 
forbidding  company  stores,  eleven  states.  In  twelve  states 
laws  declare  that  labor  agreements  are  not  conspiracies.  In 
eleven  a  statement  of  cause  of  discharge  is  a  legal  requirement. 
The  eight-hour  day  has  been  secured  in  some  one  of  its  phases 
in  thirty  states.  Concerning  employment  offices  provision  has 
been  made  either  for  establishment  of  public  or  the  regulating 
of  private  agencies  in  thirty-three  states.  Regulation  of  hours 
of  labor  appears  to  be  frequent:  in  mines  and  smelters,  fifteen 
states;  railways,  twenty-eight  states;  street  railways,  ten  states; 
on  public  works,  twenty-seven  states.  Concerning  payment 
of  wages  in  scrip  thirty  states  have  legislated;  and  in  regulation 
of  time  and  mode  of  wage  payment,  thirty-one  states.  There 
are  laws  for  the  protection  of  employees  as  members  of  labor 


362    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

organizations  in  nineteen  states;  laws  requiring  sufficient  crews 
on  trains  in  twenty-one  states;  laws  regulating  the  construction 
of  caboose  cars  on  railroads  in  eighteen  states.  In  nine  states 
there  are  laws  regulating  rates  of  wages  on  public  works. 

In  addition  to  these  lines  there  are  many  special  trades 
in  which  laws  requiring  examination,  licensing  or  other  regula- 
tion have  been  secured.  Barbers  have  secured  provision  for 
examination  and  registration  in  fifteen  states.  In  twenty-two 
states  the  licensing  or  other  regulation  of  chauffeurs  is  provided 
for.  Similar  regulation  is  provided  for  horse-shoers  in  four 
states,  plumbers  in  twenty-one  states,  steam  firemen  and 
engineers  in  ten  states. 

These  are  some  of  the  lines  along  which  union  leaders  have 
secured  laws  presumably  in  favor  of  workingmen.  In  prac- 
tically all  of  these  instances  the  laws  are  in  a  peculiar  sense 
labor  laws.  They  have  been  secured  for  the  express  purpose 
of  benefiting  the  laborer  in  some  way  and  giving  him  a  point  of 
advantage  or  removing  a  handicap  in  his  bargaining  power. 

That  this  line  of  legislation  is  of  increasing  volume  as  well 
as  importance  will  be  made  clear  by  a  very  brief  comparison. 
Social  legislation  is  very  distinctly  the  order  of  the  day.  Re- 
forms are  numerous  and  each  seeks  legislative  aid  in  accom- 
plishing its  immediate  purpose.  Labor  legislation  is  very 
properly  a  part  of  social  legislation. 

Extent  of  Labor  Legislation.  —  The  United  States  Bureau  of 
Labor  Statistics  has  published  on  several  occasions  a  compila- 
tion of  the  labor  laws  of  the  United  States.  The  first  of  these 
was  published  for  the  year  1890  and  contained  507  pages  of 
law  text.  For  the  year  1896  a  second  compilation  was  issued, 
that  time  containing  1,178  pages.  The  latest  issue  is  in  two 
volumes  and  has  over  2,000  pages  of  law  text.  The  increase 
will  appear  still  greater  when  it  is  considered  that  in  each  suc- 
cessive issue  the  line  of  distinction  has  been  more  strictly  drawn, 
eliminating  some  material  previously  included. 

Reports  of  actual  results  occasionally  appear,  though  they 
are  not  in  such  form  as  to  make  comparisons  reliable  from  year 
to  year.  For  the  year  1913  a  report  compiled  by  the  American 
Federationist  shows  a  total  of  287  labor  laws  secured  in  that 
legislative  year  in  forty  states  and  the  federal  Congress.  Cali- 
fornia led  the  list  in  point  of  number  of  laws,  showing  twenty 


LABOR  LEGISLATION  363 

statutes.  Massachusetts  enacted  fourteen;  New  York,  Ohio 
and  Pennsylvania  twelve  each;  Connecticut  and  Michigan  ten 
each.  Arizona  and  Georgia  were  the  lowest  in  the  numerical 
order,  each  enacting  one  such  statute.  These  enactments  in- 
cluded laws  on  workmen's  compensation,  employers'  liability, 
health  and  sanitation,  safety  devices,  convict  labor,  loan  agents 
(or  sharks),  mining,  eight-hour  day,  hours  for  women,  mothers' 
(or  widows')  pensions,  minimum  wage  laws  for  women,  child 
labor,  semi-monthly  payment  of  wages,  private  employment 
bureaus,  trades  disputes,  mediation  and  conciliation,  state 
bureaus  of  labor,  anti-injunction,  and  direct  legislation.  This 
report  for  a  single  year  is  typical  alike  in  the  number  of  laws 
in  recent  years  and  the  variety  of  subjects  dealt  with. 

Such  a  representation  is  but  an  approximately  accurate 
showing  of  what  labor's  legislative  campaigns  have  done  even 
in  securing  legislation.  On  the  negative  side  the  list  does  not 
suggest  at  all  what  has  been  done.  Many  bills  are  introduced 
the  effects  of  which  the  unionists  regard  as  against  their  interests. 
Such  measures  are  fought  with  all  the  vigor  and  effectiveness 
that  the  system  can  command.  In  many  instances  their  opposi- 
tion is  successful.  No  count,  even  an  approximate  one,  can  be 
made  of  these  measures.  From  the  trade-union  point  of  view 
it  is  quite  as  essential  that  such  measures  be  defeated  as  it  is 
that  some  others  be  passed.  There  is  much,  therefore,  in  the 
way  of  negative  results  that  must  be  taken  account  of  in  any 
estimate  of  this  legislative  system. 

Recent  Tendencies  of  Unions.  —  In  recent  months  there  has 
appeared  a  tendency  to  check  somewhat  this  legislative  ac- 
tivity. For  a  time  it  seemed  that  unions  had  decided  to  at- 
tempt to  write  their  every  wish  upon  the  statute  books  of  the 
states  as  the  shortest  and  surest  way  to  the  desired  end.  But 
experience  is  teaching  its  lesson  and  it  is  becoming  evident  that 
the  lesson  is  being  well  learned.  It  has  been  found  that  the  real 
vitality  of  a  law  lies  quite  as  much  in  its  administration  as  in 
its  enactment.  The  enactment  has  proved  to  be  comparatively 
easy.  It  has  become  evident  that  a  factory  inspection  law 
may  be  quite  effectively  vetoed  by  having  a  limited  number  of 
inspectors.  Again,  if  the  powers  of  these  inspectors  are  in- 
adequate their  effectiveness  is  seriously  impaired.  An  inspec- 
tion law,  then,  must  be  supplemented  by  legislation  providing 


364    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

for  sufficient  numbers  of  inspectors  armed  with  adequate 
powers.  Then  comes  the  personnel.  If  that  be  faulty,  the 
entire  plan  so  carefully  and  laboriously  worked  out  comes  to 
naught.  It  is  being  suggested  that,  after  all,  if  the  workingmen 
will  organize  and  present,  each  group  for  its  own  shop,  the  de- 
mands for  these  improvements,  they  can  be  secured  without 
legislation. 

Experience  has  taught  also  that  standards  set  by  a  law  may 
easily  be  taken  by  an  employer  as  a  maximum  while  they  are 
intended  by  the  laborer  as  a  minimum.  This  of  course  leads  to 
difficulty.  If  after  a  bill  has  been  finally  fought  through  to  a 
place  on  the  statute  books  it  proves  to  be  an  argument  in  the 
mouth  of  the  employer  for  not  going  beyond  its  requirements, 
it  develops  into  a  boomerang.  The  policy  of  unionism  is  to  con- 
tinue demands  one  after  another  for  the  improvement  of  labor. 
A  law  setting  up  certain  standards,  as  for  example  sanitary 
conditions  in  factories,  is  for  the  unionist  a  step  in  a  forward 
movement.  If  it  is  not  so,  then  the  aggressive  leader  will  natu- 
rally turn  his  back  on  the  law  as  an  aid  and  go  in  all  the  more 
energetically  for  collective  bargaining. 

Again,  experience  has  shown  that  the  employer  can  exert  an 
influence  also.  In  matters  of  shaping  legislation  the  union 
leader  has  learned  that  to  the  employer  lobbying  is  not  a  game 
with  which  he  is  entirely  unfamiliar.  The  recent  investigation 
of  the  "insidious  lobby"  to  which  President  Wilson  called  the 
attention  of  Congress  led  to  some  very  interesting  if  not  sur- 
prising revelations.  The  knowledge  that  the  employer  can 
use  his  ability  in  the  legislative  field  has  undoubtedly  checked 
somewhat  the  number  of  lines  of  work  engaged  in  by  the  legis- 
lative representatives  of  organized  labor. 

Once  more  experience  may  be  referred  to  as  a  teacher.  Be- 
hind the  legislature  stands  the  court  with  its  power  to  set  aside 
laws  as  being  out  of  accord  with  constitutional  principles. 
Many  a  bill  has  been  presented  by  trade-union  conventions, 
urged  upon  the  legislature,  fought  through  in  the  face  of  the 
most  stubborn  resistance  until  finally  the  signature  of  a  governor 
has  made  it  a  law.  The  expense  in  both  time  and  money  has 
been  heavy.  At  the  end  an  appeal  is  taken  to  the  court  and 
the  whole  of  the  work  is  undone  in  a  court  decision.  To  the 
laborer  whose  interest  seems  so  intimately  wrapped  up  in  the 


LABOR  LEGISLATION  365 

matter,  the  court  appears  as  an  obstacle  to  the  attainment  of 
his  ends.  Collective  bargaining,  if  employers  can  be  made  to 
accept  the  terms,  will  have  no  such  tribunal  of  appeal. 

Is  the  Policy  Changing?  —  Such  experiences  as  these  are 
having  a  direct  effect  on  the  political  policies  of  unionism.  The 
advisability  of  their  extended  use  is  being  more  seriously  ques- 
tioned. This  changing  attitude  is  beginning  to  appear  more 
conspicuously  in  the  extension  of  maximum  or  minimum  stand- 
ards. At  first  the  legislation  establishing  legal  minimum  wages 
for  women  was  actively  supported  by  union  leaders.  The 
same  is  true  of  maximum  hours  of  labor.  More  recently  the 
situation  has  begun  to  appear  in  a  new  light.  To  secure  condi- 
tions of  labor  in  this  way  may  result  in  weakening  the  feeling 
of  dependence  upon  the  union.  Should  such  laws  be  extended 
so  as  to  include  men  in  mines,  men  in  extra-hazardous  trades 
and  men  in  less  dangerous  industries;  should  the  principle  of 
police  power  be  extended  to  cover  public  welfare  in  terms  of 
the  workers'  welfare  then  workers  would  become  quite  entirely 
dependent  upon  legislatures  and  there  would  be  felt  no  need 
for  organization  into  unions  and  collective  bargaining  through 
union  representatives.  This  prospect  is  by  no  means  an  inviting 
one.  To  prevent  its  development  leaders  are  already  beginning 
to  speak  out  plainly  against  an  extension  of  legislative  activity. 

By  those  who  speak  for  this  newer  policy  it  is  pointed  out 
that  "there  is  a  broad  and  very  significant  difference  between 
a  minimum  wage  set  by  law  and  a  minimum  set  by  a  trade 
union."  A  rate  set  by  law  is  usually  rigid,  the  conclusions  of 
politicians  in  the  forming  of  which  employees  have  no  voice, 
since  they  are  usually  adopted  in  trades  that  are  largely  if  not 
entirely  unorganized.  In  this  sense  the  employees  are  treated 
as  wards  of  the  state.  Minimum  wage  rates  when  established 
by  trade  unions  are  flexible  and  are  the  result  of  "free  action 
on  the  part  of  free  men  and  free  women."  "It  is  hoped"  that 
laborers  "will  never  permit  state  legislatures  or  state  commis- 
sions in  combination  with  employers  the  privilege  of  setting 
the  wages  of  any  male  adults  in  the  United  States.  That  pre- 
rogative must  remain  at  all  hazards  in  the  hands  of  the  workers 
themselves  as  free  men  through  their  own  organizations." 

Will  it  be  Abandoned?  —  It  should  not  be  inferred  that  this 
development  indicates  the  abandonment  of  this  line  of  work. 


366    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

It  is  being  pushed  with  vigor.  On  the  occasion  of  the  revision 
of  the  constitution  of  New  York  state  the  officials  of  the  State 
Federation  of  Labor  called  a  conference  in  labor's  interests. 
There  were  present  officers  of  the  American  Federation  of  Labor, 
representatives  of  many  local  unions  in  the  state  and  officers 
from  twenty-five  international  unions.  A  program  of  demands 
was  drafted  and  a  hearing  held  at  which  these  demands  were 
urged  upon  the  convention  for  adoption,  a  strong  argument  being 
that  the  resolutions  represented  the  wish  of  700,000  members 
of  organized  labor.  As  the  Constitutional  Convention  did 
not  acquiesce  in  the  wishes  of  these  labor  leaders,  practically 
the  entire  influence  of  the  spokesmen  of  unionism  in  the  state 
was  raised  against  the  adoption  of  the  proposed  amendments. 
The  labor  press  of  the  state  strongly  urged  that  the  labor  vote 
of  the  state  be  cast  as  a  "no"  vote.  What  influence  this  may 
have  had  in  the  overwhelming  negative  vote  at  the  election 
it  would  be  hazardous  to  say.  It  seems  very  probable  that  it 
was  one  of  the  causes  that  brought  about  the  result. 

The  instance  of  the  La  Follette  bill  for  seamen  is  fresh  in 
mind  and  illustrates  well  the  strength  of  that  union  backed 
by  the  influence  of  the  American  Federation  of  Labor  and  the 
ability  of  Senator  La  Follette.  Everyone  will  recall  the  long 
legislative  fight  of  the  American  Federation  of  Labor  for  the 
amendment  of  the  Anti- trust  law.  The  session  of  191 5  finally 
enacted  as  a  statutory  declaration  that  "the  labor  of  a  human 
being  is  not  a  commodity  or  article  of  commerce."  The  fight 
for  statutory  restriction  of  the  use  of  the  injunction  is  another 
item  to  be  placed  to  the  credit  of  this  active  organization.  The 
state  federations  of  labor  also  continue  to  adopt  their  legislative 
programs.  These  are  regularly  presented  by  the  legislative 
committees  for  enactment  into  law.  There  seems  to  be  no 
cessation  in   this  activity. 

It  appears  from  all  the  evidence  at  hand  that  the  legislative 
activity  of  unions  will  continue.  It  may  run  along  somewhat 
restricted  lines  as  experience  directs.  It  will  be  perfected  into 
a  still  stronger  agency  and  will  continue  to  be  a  powerful  weapon 
in  the  hands  of  labor  leaders  to  be  used  at  such  time,  in  such 
manner  and  for  such  measures  as  may  be  dictated  by  a  policy 
that  is  above  all  sternly  practical. 


CHAPTER  XXIII 
POLITICAL  LABOR  PARTY 

The  question  of  political  party  organization  has  been  ever 
present  with  trade  unionism.  Whether  or  not  a  labor  party  will 
ever  take  a  place  among  our  political  parties  is  a  practical  ques- 
tion, even  if  unanswerable. 

The  Lesson  of  History.  —  History  throws  some  light  upon 
the  problem,  but  a  light  of  varying  color.  From  one  angle  of  ob- 
servation it  appears  that  union  movements  have  had  their  sad 
experience  and  have  learned  to  let  political  organization  alone. 
On  the  other  hand,  it  may  be  made  to  appear  that  as  the  experi- 
ments in  politics  represent  one  phase  of  development,  so  too  the 
later  movement  away  from  party  activity  is  again  but  another 
phase  of  development  in  a  later  period.  As  conditions  again 
change  doubtless  policies  will  be  altered  to  suit  the  needs  of  the 
changing  conditions.  It  appears  from  these  somewhat  con- 
flicting views  that  prediction  is  hazardous. 

Certain  it  is  that  experience  must  teach  its  lesson.  Labor 
parties  in  the  past  have  not  been  successful.  The  workingmen's 
parties  of  the  late  twenties  and  early  thirties  proved  to  be  the 
death  of  the  labor  movement  of  that  era.  Since  that  time  the 
experiment  has  been  repeated  with  very  much  the  same  results. 
It  seems  characteristic  of  these  early  movements  that,  not  know- 
ing the  reasons  for  their  lack  of  influence,  the  leaders  sought  to 
eliminate  the  weakness  through  party  organization.  Politics 
seemed  so  inviting  in  its  prospects,  it  is  not  to  be  wondered  at 
that  the  laborer  so  recently  enfranchised  should  look  to  the 
ballot.  Its  helpfulness  seemed  beyond  estimate  or  expression. 
Its  dangers  had  not  yet  appeared.  Yet  from  the  vantage  ground 
of  experience  it  can  be  seen  that  one  of  the  most  serious  pitfalls 
of  the  organization  movement  of  the  past  was  that  of  political 
activity.  Politics  proved  a  deceptive  attraction.  Even  as  late  as 
1872  high  hopes  centered  in  the  naming  for  the  first  time  of  a 
labor  candidate  for  President  of  the  United  States.    But  political 

367 


368    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

managers  of  the  established  parties  proved  too  shrewd  to  be 
caught.  It  was  easy  for  them  to  turn  the  movement  to  their 
own  account. 

Yet  it  does  not  follow  that  these  experiences  will  be  sufficient 
to  deter  the  unions  from  further  attempts.  Labor  unions  may 
again  be  made  the  tools  of  party  managers.  It  must  be  remem- 
bered also  that  labor  unions  out  of  politics  are  by  no  means  free 
from  the  same  danger.  On  the  large  platform  of  national  affairs 
there  is  the  effort  of  the  Socialist  Party  to  "capture"  the  Amer- 
ican Federation  of  Labor  and  also  some  of  the  powerful  nationals. 
At  each  of  the  conventions  of  the  Federation  for  several  years 
past  one  of  the  most  exciting  debates  has  been  over  the  resolu- 
tion introduced  by  the  Socialists  to  commit  the  convention  in 
some  form  or  other  to  the  Socialist  Party.  Similar  efforts  are 
made  in  the  conventions  of  many  trade  unions.  In  the  state 
federations  and  the  city  centrals  the  situation  is  even  more  ex- 
citing at  times.  Though  the  American  Federation  has  not  been 
carried  by  any  of  these  resolutions,  some  of  the  state  federa- 
tions, —  as  Wisconsin,  Michigan,  Iowa  and  Minnesota,  —  have, 
at  different  times,  voted  in  favor  of  a  socialistic  program  of 
collective  ownership  and  operation  of  productive  enterprises. 
Many  city  centrals  have  voted  in  favor  of  such  a  program. 
Among  these  are  New  York,  Cleveland,  St.  Louis,  Milwaukee, 
Columbus,  O.,  Erie,  Wilkesbarre,  Haverhill,  Brockton,  Terre 
Haute  and  others  representing  no  particular  size  or  locality. 
These  votes  have  been  passed  at  different  times  and  do  not  mean 
necessarily  a  permanent  adoption  of  such  principles.  It  means 
that  there  is  a  predominance  of  delegates  who  feel  safe  or  war- 
ranted at  the  time  in  such  a  vote.  Many  of  the  national  unions 
have  officially  endorsed  the  socialist  program.  In  1907  there 
were  found  no  less  than  sixteen  such  unions  with  a  membership 
of  330,800.  This  is  not  to  be  taken  as  meaning  that  the  entire 
membership  was  socialist.  There  was  presmnably  in  every  case  a 
minority  of  voters  opposed  to  the  resolution.  Nor  does  it  mean 
that  this  number  of  unions  is  either  constant  or  increasing.  The 
vote  of  one  year  may  be  rescinded  the  next.  The  situation  means 
that  there  is  in  trade-unionism  a  strong  following  which  holds  to 
the  principle  that  "the  trade-union  movement  is  the  economic 
wing  and  the  Socialist  Party  the  political  wing  of  the  labor 
movement." 


POLITICAL  LABOR  PARTY  369 

The  other  side  of  the  relation  is  seen  by  a  few  facts  that  are 
typical.  During  the  socialist  regime  in  Milwaukee,  five  of  the 
twelve  socialists  in  the  city  council  were  trade  unionists;  also 
four  of  the  five  socialist  supervisors  and  four  of  the  six  socialist 
members  of  the  legislature.  Evidence  from  other  localities  shows 
a  large  proportion  of  trade  unionists  among  socialist  candidates 
for  office.  It  is  further  claimed  that  many  more  socialist  can- 
didates are  unionist  in  sympathy,  but  from  localities  where  there 
is  no  organization  in  their  trade. 

Local  Politics.  —  Local  politicians  are  constantly  on  the 
watch  for  opportunities  to  control  city  centrals.  Discussions  at 
all  their  meetings  is  closely  followed  and  anyone  suspected  of 
having  a  political  axe  to  grind  is  immediately  set  upon  most 
vigorously  by  opposing  interests.  Indeed  the  surest  defense  in 
these  centrals  against  being  captured  by  any  one  of  the  parties 
is  the  clever  watchfulness  of  members  of  other  parties.  What  one 
cannot  do  because  of  the  shrewdness  of  others,  others  cannot  do 
for  the  same  reason.  These  meetings  sometimes  resolve  them- 
selves into  the  most  spirited  of  debates  in  which  personalities  are 
freely  indulged  in  and  accusations  and  counter-accusations  pass 
into  such  excitement  that  an  inexperienced  observer  would 
expect  to  see  the  meeting  break  up  in  a  fight.  Only  a  strong 
presiding  officer  can  hope  to  prevent  such  an  outcome  at  times. 

Attitude  of  American  Federation.  —  The  American  Federa- 
tion of  Labor  has  faced  squarely  the  issue  of  political  action. 
Its  position  is  not  one  of  drifting.  The  proposal  first  assumed 
definite  form  as  a  national  question  in  1893.  From  the  first  the 
plan  was  rejected.  At  the  1897  convention  the  Federation 
adopted  a  resolution  as  follows: 

"Resolved,  That  the  American  Federation  of  Labor  most 
firmly  and  unequivocally  favors  the  independent  use  of  the 
ballot  by  the  trade  unionists  and  workmen,  united  regardless  of 
party,  that  we  may  elect  men  from  our  own  ranks  to  make  new 
laws  and  administer  them  along  the  lines  laid  down  in  the  legisla- 
tive demands  of  the  American  Federation  of  Labor,  and  at  the 
same  time  secure  an  impartial  judiciary  that  will  not  govern  us 
by  arbitrary  injunctions  of  the  courts,  nor  act  as  the  pliant  tools 
of  corporate  wealth. 

"Resolved,  That  as  our  efforts  are  centered  against  all  forms 
of  industrial  slavery  and  economic  wrong,  we  must  also  direct 


37©    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

our  utmost  energies  to  remove  all  forms  of  political  servitude  and 
party  slavery,  to  the  end  that  the  working  people  may  act  as  a 
unit  at  the  polls  at  every  election." 

Essentially  the  same  policy  was  indicated  in  the  action  of  the 
last  meeting.  In  resolutions  adopted  by  formal  vote  it  was 
urged  that  all  state  branches  give  attention  to  the  legislative 
records  of  legislators  as  such  records  are  issued  and  distributed, 
"  to  the  end  that  workers  generally  may  learn  from  reliable  and 
authoritative  sources  who  are  the  'friends'  of  labor,"  and  fur- 
ther that  city  and  state  bodies  as  well  as  locals  be  impressed  with 
the  necessity  of  electing  their  "friends"  to  city,  state  and  na- 
tional legislative  bodies.  In  every  possible  case,  it  was  urged, 
preference  should  be  given  to  such  friends  as  carry  paid-up 
union  cards. 

Political  Activity :  Party  Organization.  —  Though  so  strongly 
opposed  to  political  party  organization,  the  Federation  by  no 
means  aims  to  keep  clear  of  politics.  This  has  been  made  plain 
in  former  chapters.  Political  activity  without  party  organiza- 
tion is  the  straight  and  narrow  way  into  which  leaders  have 
sought  to  direct  all  trade  unionists.  Political  questions  may  be 
discussed  freely  but  party  questions  are  strictly  taboo.  The 
Constitution  itself  is  made  to  regulate  this  in  the  provision  de- 
claring that  "party  politics,  whether  they  be  Democratic, 
Republican,  Socialistic,  Populistic,  Prohibition,  or  any  other, 
shall  have  no  place  in  the  Conventions  of  the  American  Federa- 
tion of  Labor."  From  the  first,  as  it  so  fully  appears,  the  Federa- 
tion has  urged  its  members  to  free  themselves  from  party  ties  and 
to  vote  "for  the  good  of  the  order;"  to  "keep  politics  out  of  the 
union  and  the  union  out  of  politics."  Three  specific  recommen- 
dations made  by  the  Executive  Council  in  1906  are  still  alive: 
(1)  "Defeat  all  who  have  been  hostile  or  indifferent  to  the  de- 
mands of  labor."  (2)  "If  both  parties  ignore  the  demands  of 
labor,  a  straight  labor  candidate  should  be  nominated."  (3) 
"The  men  who  have  shown  themselves  to  be  friendly  to  labor 
should  be  supported  and  no  candidate  nominated  against 
them." 

So  far  as  present  indications  may  be  relied  upon,  there  is 
no  immediate  prospect  of  a  political  party  of  laborers.  The 
efforts  are  now  being  concentrated  along  other  lines.  The 
methods  already  described  seem  to  offer  to  the  minds  of  most  of 


POLITICAL  LABOR  PARTY  37 1 

the  leaders  the  more  definite  promise  of  results.  Elections  are 
regarded  as  of  great  importance  because  laborers  may  often 
carry  a  balance  of  power.  As  is  urged  by  some  of  the  more 
discerning,  a  representative  can  generally  be  elected  only  by 
having  a  majority  of  the  vote.  Even  in  case  of  a  three-cornered 
contest  a  plurality  vote  must  be  cast  by  the  laborers  before  a 
candidate  of  their  own  nomination  can  be  elected.  On  the  other 
hand,  a  minority,  sometimes  a  small  one,  may  organize  a  balance 
of  power.  It  can  then  insist  upon  a  suitable  candidate  or  with- 
hold the  vote.  In  pursuit  of  this  policy  results  have  already  be- 
gun to  appear.  In  the  Sixtieth  Congress  there  were  six  men 
with  union  cards.  At  the  next  Congressional  election  this 
was  increased  to  ten.  In  the  Sixty-second  Congress  there  were 
fifteen,  and  in  the  election  of  191 2  for  the  Sixty-third  Congress 
the  number  elected  was  seventeen.  This  policy  was  begun 
in  a  formal  and  active  way  in  1906  when  the  president  of  the 
American  Federation  of  Labor  openly  opposed  in  their  own 
home  districts  Congressman  Littlefield  and  Speaker  Cannon. 
In  his  last  report  before  the  Federation  convention,  the  presi- 
dent lays  emphasis  on  the  fact  that  "the  Labor  Group  in  Con- 
gress, consisting  of  seventeen  union-card  men,  was  of  material 
assistance  in  outlining  and  carrying  into  effect  a  campaign  to 
secure  favorable  action  by  Congress  upon  Labor's  demands." 
The  policy  of  a  formal  endorsement  was  put  to  its  most  ambi- 
tious application  in  the  presidential  election  of  1908  when  the 
officers  of  the  Federation  openly  endorsed  the  Democratic 
candidate.  These  officers  had  presented  their  "demands"  to 
each  of  the  parties  at  its  nominating  convention.  The  action 
of  the  Democrats  in  embodying  in  their  platform  some  of  the 
policies  which  the  Federation  leaders  were  calling  for  was  the 
cause  of  the  endorsement.  The  result  revealed  the  limitations 
of  this  movement.  To  Professor  Hoxie  the  incident  makes 
clear  that  "there  is  in  America  to-day  no  'labor  vote.'  The 
evidence  seems  to  show  that  no  formidable  proportion  of  the 
workers  can  be  relied  upon  even  to  support  working-class  as 
against  middle-class  policies  and  leaders."  Again,  when  Presi- 
dent Roosevelt  took  the  "open-shop"  position  in  the  govern- 
ment printing  office  in  the  Miller  case,  the  order  was  sent  out 
from  headquarters  at  the  next  election  instructing  voters  to 
vote  for  Parker. 


372    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Coupled  with  the  many  resolutions  which  indicate  the  present 
deliberate  purpose  of  the  American  Federation  of  Labor  is  the 
opinion  of  leaders  whose  advice  has  always  carried  much  weight. 
Warnings  are  sounded  from  these  sources  against  the  error  of 
committing  labor  to  any  one  political  party,  either  to  one  of 
those  already  in  existence  or  one  formed  by  and  from  working- 
men  themselves.  Writing  in  his  book,  Organized  Labor,  Mr. 
Mitchell  says:  "There  is  no  doubt  in  my  mind  that  the  purposes 
of  workingmen  can  better  be  attained  by  the  formation  of  a 
solid  group  of  men  united  in  their  political  aspirations  and  their 
political  demands,  but  not  committed  to  the  policy  of  form- 
ing a  third  party,  than  in  any  other  way."  To  secure  this 
solidification  Mr.  Mitchell  urges  upon  all  labor  a  closer  alliance 
with  the  American  Federation,  the  state  federations  and  the 
city  centrals  as  the  basis  of  such  organization.  Only  through 
these  agencies  should  any  trade  seek  to  secure  legislation. 

Sentiment  Favoring  Party  Action.  —  This  view  is  not  unan- 
imously held,  however.  Among  the  more  radical  unions  there 
appears  at  intervals  the  expression  of  an  opinion  favorable  to 
more  definite  and  positive  political  action.  These  views  may 
be  prophetic;  they  are  not  yet  dominant.  At  the  convention 
of  the  United  Mine  Workers  in  January,  1914,  it  was  resolved 
that  the  time  had  arrived,  "owing  to  the  present  economic 
conditions  and  the  machinations  of  the  interests  in  many  places 
for  the  laboring  people  to  come  together  in  a  political  labor 
party."  The  resolution  was  left  indefinite  as  to  plan  or  details 
as  no  party  was  designated  and  no  preparations  for  a  new  party 
were  embodied  in  the  resolution. 

Other  Forces  at  Work.  —  From  other  considerations  it  ap- 
pears to  some  that  a  labor  party  may  be  expected  before  very 
many  years.  Two  forces  are  emphasized  as  probable  causes  of 
such  a  development.  The  first  of  these  is  the  success  of  asso- 
ciations of  employers  in  curbing  the  activities  of  unions  along 
collective  bargaining  lines  and  also  in  their  efforts  to  check 
the  enactment  of  labor  legislation.  There  is  no  doubt  that 
these  associations  in  recent  years  have  given  labor  leaders  much 
anxious  thought.  Open  shops  have  been  established,  strike 
funds  have  been  accumulated  in  amounts  that  appear  almost 
fabulous  to  some  unions,  and  subtle  substitutes  for  the  black- 
list have  been  developed  in  a  very  practical  way.    Parallel  with 


POLITICAL  LABOR  PARTY  373 

this  development  the  second  force  has  appeared  in  the  line  of 
decisions  made  by  the  courts.  In  these  views  and  the  decisions 
resting  upon  them  the  labor  leaders  see  an  increasing  difficulty 
placed  in  the  way  of  what  they  regard  as  fair  methods  of  bar- 
gaining collectively.  For  these  obstacles  they  hold  the  courts 
responsible.  Both  of  these  lines  of  recent  development  have 
been  matters  of  serious  concern  to  trade  unionists.  They  have 
led  to  a  determination  on  the  part  of  leaders  to  overcome  the 
opposition  found  in  them.  In  what  way  this  can  best  be  done 
appears  not  to  be  generally  agreed  upon  as  yet.  There  is  reason 
to  believe  that  this  phase  of  the  situation  may  result  in  a  more 
definite  political  activity.  Professor  Carlton,  speaking  of  the 
effects  of  employers'  associations  and  the  decisions  of  courts, 
comes  to  a  definite  conclusion,  declaring  that  "a  labor  party 
is  certain  to  appear  soon  after  the  average  union  man  is  thor- 
oughly convinced  that  the  old  line  business  unionism  has  met 
obstacles  which  it  cannot  surmount."  Undoubtedly  there  is 
ground  for  such  a  conclusion.  The  uncertainty  lies  in  trying 
to  determine  where  the  limit  of  activity  of  business  unionism 
will  lie  and  when  it  will  appear  that  the  present  unionism  is 
helpless  because  of  its  form  of  organization.  There  are  stages 
of  development  that  lie  between  the  present  and  this  funda- 
mental change  that  will  in  all  probability  be  passed  through. 
These  stages  have  great  possibilities  without  incurring  any 
radical  departure  from  business  unionism  as  a  form  distin- 
guished from  political  unionism. 

One  of  these  stages  has  already  been  described  at  length. 
That  labor  unions  can  shape  legislation  is  a  well-known  fact. 
The  mass  of  labor  legislation  on  our  statute  books  testifies  to 
its  truth.  Even  opponents  admit  it.  "There  are  many  evi- 
dences," writes  one  who  represents  the  manufacturer's  point 
of  view  in  speaking  of  the  legislation  of  1913,  "that  organized 
labor  achieves  nearly  all  of  its  larger  purposes  in  Washington. 
Not  only  do  the  better  known  of  class  labor  measures  pass 
without  difficulty,  though  time  is  sometimes  required  for  the 
work.  Less  conspicuous  though  equally  significant  things  seem 
to  be  even  easier  of  accomplishment."  It  seems  certain  that 
there  are  possibilities  of  perfection  in  this  method  of  work  that 
are  yet  undeveloped. 

As  a  next  stage  lies  the  energetic  advocacy  of  some  of  the 


374    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

current  progressive  political  movements.  The  initiative,  the 
referendum,  the  recall  and  the  direct  primary  all  appeal  to  the 
unionist  as  potentially  strong  aids  in  securing  labor  legislation. 
The  appeal  doubtless  lies  in  giving  through  these  means  a 
greater  effectiveness  to  numbers  and  in  checking  very  materially 
those  methods  of  control  which  are  so  commonly  associated 
with  the  party  convention  and  party  caucus  control  of  legisla- 
tive and  administrative  officers.  Again  with  reference  to  the 
courts  they  appear  strongly  in  favor  of  the  judicial  recall,  the 
popular  election  of  judges  and  the  establishment  of  short  ju- 
dicial terms.  All  these  various  changes  appeal  to  the  laborer 
as  very  strongly  in  his  interest  in  securing  the  legislation  he 
desires  and  in  holding  in  check  legislative  proposals  to  which 
he  is  hostile.  That  further  advocacy  of  these  measures  will 
develop  would  seem  evident  from  the  fact  that  others  champion 
the  same  reforms  though  not  entirely  for  the  same  reasons. 
There  is  possible  a  union  of  forces,  and  this  would  not  be  so 
easily  possible  in  the  case  of  a  separate  party  organization. 

Three  Obstacles  to  New  Labor  Party:  Tradition.  —  Be- 
hind all  this  lie  somewhat  obscure  yet  very  real  difficulties. 
There  are  three  obstacles  that  appear  in  the  way  of  a  new  labor 
party.  The  first  is  an  obstacle  that  confronts  any  such  move- 
ment. Tradition  has  led  us  to  speak  of  our  two-party  system 
and  our  third-party  movements.  The  three  or  four  such  party 
organizations  now  existing  are  all  referred  to  as  "third  parties." 
Evidently  Americans  have  adjusted  themselves  quite  generally 
to  the  idea  that  there  are  two  parties  and  several  "  third  parties." 
A  new  labor  party  would  have  to  be,  for  a  while  at  least,  a  "  third 
party"  and  once  that  characterization  was  fastened  to  it,  it 
would  be  difficult  for  it  to  become  anything  else.  It  is  not  to 
be  overlooked  in  any  practical  reckoning. 

Complex  Modern  Party  Machinery.  —  Secondly,  there  is 
the  machinery  and  complexity  of  the  modern  political  party. 
This  takes  both  time  and  money  to  build  up.  Experience  and 
peculiar  abilities  of  leadership  are  not  only  requisite;  they  are 
rare.  The  funds  necessary  to  the  legitimate  work  of  a  modern 
political  party  would  be  quite  beyond  the  reach  of  the  labor 
unions,  burdened  as  they  necessarily  are  by  their  present  needs. 

Old  Party  Loyalty.  —  Lastly,  it  must  be  remembered  that  to 
draw  a  voter  to  a  new  party  it  is  necessary  to  draw  him  from  an 


POLITICAL  LABOR  PARTY  375 

old  party.  Party  affiliation  is  a  factor  to  be  reckoned  with. 
Party  leaders  have  acquired  great  skill  in  making  their  appeals. 
There  is  always  the  special  form  of  appeal  to  workingmen.  It 
is  too  well  known  to  need  more  than  passing  reference.  Yet  its 
effectiveness  cannot  be  overlooked.  Laborers  have  interests 
other  than  those  that  arise  within  the  narrow  limits  of  the  shop. 
Outside  this  sphere  they  do  not  all  think  alike.  It  is  a  task  of 
time  and  of  no  small  degree  of  difficulty  to  form  from  laborers  a 
group  of  voters  who  will  all  think  alike  politically,  and  who  will 
all  place  political  interest  subordinate  to  the  interests  of  their 
labor. 

Present  Tendency.  —  More  recent  developments  in  the  split 
of  unionism  into  the  trade  and  the  industrial  wings  are  significant. 
Industrialism  has  but  little  of  party  politics  connected  with  it. 
Revolutionary  industrialism  has  none.  Socialism,  on  the  other 
hand,  is  a  recognized  party  movement,  but  it  is  not  a  unionist 
movement.  Not  alone  is  it  broader  than  unionism;  it  is  more  in- 
clusive than  the  labor  movement  itself.  It  stands  for  the  im- 
provement of  society  directly,  though  dealing  with  labor  pri- 
marily. The  union  movement  is  not  so  broad.  (The  distinction 
will  be  suggested  though  not  fully  expressed  in  these  statements.) 
Because  of  this  distinction  and  because  the  socialist  party  comes 
in  from  the  outside  to  claim  labor's  vote,  it  must  meet  with 
opposition.  It  appears  in  this  light  as  a  competitor  with  the 
other  political  parties.  Trade  unionism  and  industrial  unionism 
occupy  the  middle  ground.  Revolutionary  industrialism  goes 
to  the  extreme  against  all  political  action.  Socialism  points  to 
the  other  extreme;  to  political  action  for  social  revolution,  but 
through  agencies  not  primarily  "unionist"  in  nature.  Trade 
unionism  has  for  the  present  taken  its  positive  stand  on  middle 
ground  between  these  two  extremes^  and  it  shows  no  significant 
signs  of  weakening  in  this  attitude. 

Taking  into  account  all  the  various  elements  in  the  situation 
it  appears  extremely  doubtful  that  a  political  labor  party  will 
appear  within  the  next  quarter  century,  even  if  it  be  admitted 
that  there  are  elements  that  tend  at  present  in  that  direction. 


CHAPTER  XXIV 
LEGISLATION  VERSUS   COLLECTIVE  BARGAINING 

To  understand  the  attitude  of  trade-union  leaders  toward 
political  questions  involves  more  than  has  yet  been  presented  in 
these  pages.  It  has  been  shown  that  they  have  a  highly  devel- 
oped system  for  securing  legislation;  that  by  its  means  they  have 
placed  upon  statute  books  a  large  number  of  labor  laws;  that 
there  are  always  present  among  them  some  who  are  strongly  in 
favor  of  more  definite  political  action  through  a  political  party 
of  laboring  men.  At  this  last  point  there  appears  a  radical  dif- 
ference of  opinion.  The  positive  stand  that  the  majority  has 
taken  against  such  action,  successfully  maintained  thus  far,  can 
continue  to  hold  its  following  only  by  securing  the  desired  re- 
sults in  some  other  way.  This  is  now  being  done  through  the 
adoption  of  a  policy  that  at  first  sight  may  appear  to  be  a  direct 
and  unaccountable  reversal  of  former  programs.  It  is  the  posi- 
tion that  advises  against  so  much  legislation  and  in  favor  of  more 
unionist  activity;  against  aiming  to  secure  ends  by  means  of 
laws  and  in  favor  of  accomplishing  them  through  direct  negotia- 
tion and  agreement  with  employers.  The  explanation  of  this 
involves  a  long  story.  Though  live  with  interest  and  very  signif- 
icant in  all  of  its  details,  it  is  too  long  to  be  related  in  full  in  these 
pages.  It  can  only  be  indicated  in  outline.  It  is  the  story  of 
another  phase  of  labor  legislation,  the  side  that  does  not  always 
appear  in  statutes  now  in  force  among  the  laws  of  the  states. 

Lessons  of  Early  Legislative  Experience.  —  An  early  hope 
of  the  American  laborer  was  a  shorter  day.  Slowly  through  the 
middle  of  the  last  century  the  hours  were  reduced  from  the  length 
which  custom  had  established  under  the  domestic  system  to  the 
more  regular,  uniform  and  somewhat  shorter  hours  adapted  to 
the  factory  system.  This  movement  was  not  rapid  enough  for 
the  more  impatient  among  leaders.  Political  action  was  popular 
and  its  aid  was  sought.  Hours  of  labor  became  the  subject  of 
legislative  enactment.    In  New  York  as  early  as  1867  a  law  had 

376 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING     377 

"been  enacted  declaring  that  "eight  hours  of  labor,  between  the 
rising  and  setting  of  the  sun,  shall  be  deemed  and  held  to  be  a 
legal  day's  work,  in  all  cases  of  labor  and  service  by  the  day, 
where  there  is  no  contract  or  agreement  to  the  contrary."  The 
statute  further  provided,  however,  that  no  person  was  to  be 
"prevented  by  anything  herein  contained  from  working  as  many 
hours  overtime,  or  extra  work,  as  he  or  she  may  see  fit,  the  com- 
pensation to  be  agreed  upon  between  the  employer  and  em- 
ployee." The  law  was  applicable  to  mechanics  generally  as 
distinguished  from  agricultural  labor  and  service  "by  the  year, 
month  or  week."  In  1870  it  was  further  provided  that  the  eight- 
hour  provision  should  apply  to  all  workmen  employed  by  the 
state  or  any  municipal  corporation  or  any  contractor  doing  pub- 
lic work.  Such  a  statute  is  the  expression  of  a  wish  for  an  eight- 
hour  day.  It  goes  no  further.  Of  course  it  is  evident  on  the  face 
of  it  that  the  weak  point  in  the  law  was  the  provision  by  which 
an  agreement  between  employer  and  employee  was  sufficient 
to  set  aside  the  requirement  of  the  statute.  It  is  equally  obvious 
that  if  the  law  had  not  contained  such  a  provision  it  would  have 
been  held  unconstitutional  by  the  courts.  The  principles  here 
involved,  both  legal  and  industrial,  find  early  expression.  The 
clash  between  them  thus  early  resulted  in  favor  of  the  law  rather 
than  of  industry.  This  experience  has  been  repeated  many 
times.  Statutes  intended  to  adjust  wage  relations  by  law  have 
been  disappointing  to  those  who  thought  the  way  would  be  so 
simple. 

Another  illustration  of  the  same  principle  is  found  in  the  expe- 
rience of  the  miners  of  Pennsylvania.  In  1875  a  law  was  passed 
to  regulate  the  weighing  of  coal  as  a  basis  of  wage  payments. 
It  provided  that  every  operator  should  weigh  the  coal  in  the  car 
as  it  came  from  the  mine  instead  of  waiting  until  it  had  been 
freed  from  slate  or  other  impurities.  This  should  be  done  in  all 
mines  where  payment  was  by  weight  instead  of  by  the  day. 
But  the  act  was  not  to  apply  in  case  a  contract  was  made  with 
the  miners  to  do  otherwise  than  was  provided  in  the  act.  The 
investigation  made  by  the  Anthracite  Coal  Strike  Commission, 
as  stated  in  its  report,  shows  that  the  law  had  never  been  of  any 
significance  as  a  factor  in  fixing  the  wage  bargain.  No  charge  of 
violating  the  law  could  be  made  to  rest  against  the  coal  operators, 
because  of  the  provision  allowing  the  operators  to  agree  by  con- 


378    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

tract  with  miners  to  do  otherwise  than  the  law  required.  Such 
contract  had  been  assumed  by  the  operators  to  be  a  part  of  the 
terms  of  employment.  The  court  had  not  been  called  upon  to 
consider  the  statute,  but  there  can  be  no  doubt  that,  had  the 
law  been  passed  in  1875  without  this  special  contract  provision, 
it  would  not  have  been  upheld. 

Results  of  Early  Lessons.  —  Such  laws  as  these  the  laborers 
soon  learned  from  experience  were  of  no  real  value  to  them.  To 
allow  freedom  of  contract  to  agree  otherwise  meant  quite  uni- 
formly that  a  different  agreement  would  be  made.  The  em- 
ployer's superior  bargaining  advantage  led  to  the  practical 
annulment  of  this  kind  of  legislation.  All  possible  benefits  of  the 
laws  were  lost  to  the  workers  and  the  situation  remained  as  it 
was  at  the  outset,  one  of  bargain,  pure  and  simple. 

Change  in  Policy.  —  The  realization  of  such  a  situation  led 
to  a  change  of  policy.  This  opened  a  new  era  and  led  to  a  new 
line  of  legislation.  The  question  of  wage  payment  was  taken 
to  the  legislatures  for  regulation.  In  mines,  lumber  camps 
and  other  remote  places  employers  had  adopted  the  expedient 
of  the  company  store  as  a  convenient  means  of  securing  supplies 
for  laborers.  As  trade  with  these  stores  could  be  carried  on 
by  accounts  instead  of  cash,  the  companies  soon  found  that 
pay  orders,  or  scrip,  could  be  substituted  for  money.  Doubtless 
the  introduction  of  the  company  store  and  scrip  payments 
met  a  real  need  of  these  communities  in  the  earlier  days.  Trans- 
portation and  communication  were  difficult  and  expensive. 
The  camps,  or  groups  of  workmen,  even  when  housed  with 
their  families,  were  very  much  isolated.  The  inducements 
for  individual  enterprise  were  not  great.  And  yet  the  situation 
was  essentially  monopolistic.  Competition  with  the  company 
stores  was  not  welcome.  Prices  and  terms  for  using  scrip  pay- 
ments were  regulated  solely  by  the  company.  Abuses  were 
charged  against  which  the  workmen  declared  their  inability 
to  protect  themselves.  As  the  centers  of  these  industries  be- 
came more  easily  accessible  the  potential  competition  was 
checked  by  more  arbitrary  rules  made  by  the  companies.  Pay- 
ments were  made  only  in  scrip  and  the  scrip  was  good  only 
at  the  company  stores,  as  it  was  not  redeemed  at  par  if  presented 
through  any  other  channel.  The  workmen  could  get  money 
only  by  discounting  the  scrip.     Employment  could  be  secured 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING      379 

only  upon  agreement  to  accept  these  conditions  of  scrip  payment 
and  willingness  to  trade  at  the  company  stores.  Against  these 
disadvantageous  conditions  the  only  hope  seemed  to  be  from 
the  legislature.  Campaigns  were  organized  and  laws  secured 
in  several  of  the  states  regulating  or  prohibiting  the  company 
store  and  the  use  of  scrip  in  wage  payments. 

In  1880  such  a  law  was  taken  to  court  in  Maryland  and  was 
declared  to  be  valid.  In  1886  a  law  for  a  similar  purpose  in 
Pennsylvania  was  declared  void.  Three  years  later  the  West 
Virginia  court  overthrew  a  law  in  that  state.  During  the  next 
decade  Illinois,  Missouri  and  Kansas  had  passed  this  legislation 
and  in  each  case  it  was  held  by  the  courts  to  be  unconstitutional. 
In  1901  the  United  States  Supreme  Court  upheld  a  decision 
supporting  a  law  which  the  Supreme  Court  of  Tennessee  had 
declared  valid.  Since  that  time  there  has  been  legislation  in 
a  number  of  states  dealing  with  scrip  payment  of  wages  and 
company  stores.  As  the  laws  now  stand,  the  employees  are 
fairly  well  protected.  In  cases  where  scrip  may  be  used,  its 
use  is  guarded  by  requirements  for  redemption  at  par  within 
short  time  limits  and  for  interest  payments  if  not  redeemed  at 
an  early  date.  Company  stores,  where  allowed,  are  generally 
subject  to  penalties  for  charging  unfair  prices. 

Results  of  the  Change :  Two  Theories  Developed.  —  The 
effects  of  these  experiences  have  not  been  forgotten  by  the 
unionists.  The  legislation  to  which  courts  have  given  their  sanc- 
tion has  been  held  by  them  to  rest  upon  the  inequality  of  bargain- 
ing power  and  the  need  for  protection  to  the  laborer.  Running 
through  the  opinions  is  the  idea  that  the  laborers  are  lacking 
in  strength  and  need  the  assistance  of  the  government.  This 
patronizing  attitude  the  union  man  does  not  like.  On  the  other 
hand,  where  courts  have  held  the  laws  unconstitutional,  the 
reasoning  has  been  less  satisfactory.  The  laborers  were  regarded 
by  the  courts  as  citizens  in  the  full  meaning  of  the  term,  inde- 
pendent to  choose  or  reject  working  conditions.  A  statute 
that  forbade  scrip  payment  was  regarded  by  the  courts  as  an 
infringement  not  only  on  the  freedom  of  contract  of  the  employer 
but  upon  that  of  the  employee  as  well.  Each  party  to  a  wage 
agreement  must  be  left  free  to  bargain  for  wages  and  conditions 
of  payment.  The  kind  of  interference  proposed  by  the  laws 
was  not  warranted  by  any  public  necessity  and  consequently 


380    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

was  an  unjustifiable  infringement  on  the  laborer's  right  to 
contract. 

If  leaders  have  disliked  the  former  line  of  reasoning  they 
have  disapproved  still  more  the  latter.  The  objections  to  the 
former  were  general,  if  not  theoretical.  To  the  latter  the  ob- 
jections are  practical  and  specific.  Conditions  left  the  freedom 
of  contract  quite  entirely  with  the  employer.  The  laborer  was 
free  to  accept  the  conditions  or  "seek  work  elsewhere,"  which 
generally  meant  go  without  work. 

Further  Application  of  the  Principle.  —  This  principle  was 
applied  in  other  lines  of  legislation  also  and  with  results  that 
were  essentially  the  same.  Either  the  laws  were  upheld  by  a 
reasoning  that  placed  the  laborer  in  an  undesirable  position 
of  dependence  or  they  were  declared  void  on  the  grounds  that 
they  interfered  with  freedom  of  contract  and  with  the  liberty 
of  the  workman. 

Joining  the  results  of  these  two  stages  of  development,  it 
has  appeared  that  if  statutes  are  framed  with  a  provision  that 
by  agreement  their  provisions  may  be  set  aside,  they  amount 
to  nothing.  If  such  a  provision  is  not  included,  then  the  laborer 
becomes  in  some  sense  a  ward  of  the  state  or  he  is  deprived  of 
the  advantage  of  the  law  in  the  interest  of  his  freedom  of  con- 
tract. 

Efforts  to  regulate  hours  of  labor  in  dangerous  trades,  in 
mines  and  smelters,  on  railroads  and  on  public  work  have  all 
had  varied  results  in  different  court  jurisdictions.  Again,  special 
trades  have  appealed  to  law-making  bodies  for  protection. 
Barbers  wanted  Sunday  closing  and  a  shorter  day.  These 
were  secured  by  law  and  were  brought  to  court  for  the  constitu- 
tionality test.  The  courts  of  New  York,  Georgia,  California, 
Illinois  and  the  United  States  Supreme  Court  were  scenes  of 
trial  in  which  important  principles  were  discussed.  In  Cali- 
fornia and  Illinois  freedom  of  contract  was  asserted  to  be  un- 
warrantably violated.  The  barber  should  not  be  restricted 
from  entering  into  an  agreement  to  work  on  Sunday  if  he  chose 
to  do  so.  In  New  York  and  in  the  United  States  Supreme 
Court  the  laws  were  upheld  as  a  valid  exercise  of  legislative 
police  power.  The  one  day  rest  in  seven  is  a  rule  that,  in  the 
opinion  of  these  courts,  is  recognized  throughout  the  whole 
civilized  world  as  necessary  to  physical  and  moral  welfare. 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING      381 

The  application  of  this  rule  to  the  trade  in  question  is  but  a 
recognition  on  the  part  of  the  legislature  of  its  need.  Here 
again  is  essentially  the  same  two  conflicting  principles  forcing 
the  unionists  to  the  disagreeable  necessity  of  choosing  between 
them  when  neither  is  acceptable. 

Further  than  this  stage,  the  developments  of  legislation  have 
been  carried  in  the  direction  of  restriction  of  hours  of  labor 
for  women  and  the  establishment  of  a  legal  minimum  wage. 
Laws  that  regulate  the  hours  of  labor  for  women,  after  the 
defeat  in  Illinois  in  1895,  have  now  been  very  generally  accepted. 
The  principle  of  such  regulation  may  be  said  to  be  legally  estab- 
lished, Illinois  in  1910  having  reversed  its  former  decision. 
It  rests  upon  the  fact  that  women  are  of  necessity  handicapped 
in  the  struggle  that  goes  with  wage  bargaining  and  that  laws  are 
necessary  to  equalize  bargaining  power  so  that  workdays  may 
be  kept  within  the  limits  that  physical  welfare  and  the  health 
of  coming  generations  have  established.  Minimum  wage  legis- 
lation has  been  enacted  but  recently,  and  the  courts  have  not 
yet  finally  passed  upon  it.  If  it  is  overthrown  it  will  probably 
be  upon  the  ground  that  public  necessity  does  not  call  for  so 
radical  an  interference  with  freedom  of  contract.  If  supported 
it  will  probably  be  as  a  social  necessity,  both  for  better  bargain- 
ing conditions  on  wages  and  better  health  conditions  made 
possible  by  a  minimum  living  standard. 

Experience  brings  Reaction.  —  Such  an  outline  review  of 
legislation  as  a  means  of  protection  for  bargaining  over  labor 
conditions  will  be  sufficient  to  suggest  how  trade  unionists 
feel  toward  an  unlimited  program  of  legislation.  They  are 
beginning  to  draw  rather  sharp  lines  of  limitation.  More  re- 
cently some  very  outspoken  statements  have  been  heard  against 
placing  so  much  reliance  in  legislation.  It  is  now  found  expressed 
in  the  issue:  legislation  versus  unionism;  or,  legislative  depend- 
ence versus  strength  in  bargaining  power.  This  distinction  is 
becoming  more  clearly  marked.  As  a  result  leaders  who  formerly 
urged  strongly  in  favor  of  going  to  the  legislature  to  " demand" 
their  rights  now  raise  their  voices  against  such  a  policy.  Laws 
wiped  out  and  court  opinions  unfavorable  have  brought  about 
a  reaction.  The  keynote  of  the  newer  policy  is  that  unionism 
must  do  for  itself  through  its  own  strength  in  bargaining  what 
it  wishes  to  have  done  toward  a  satisfactory  wage  agreement. 


382    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Unionism  must  strengthen  itself  not  politically  but  economically. 
Wage  bargaining  must  be  backed  by  stronger  and  more  general 
organization.  When  this  is  accomplished  there  will  be  no  one 
to  declare  the  agreement  unconstitutional.  The  employer  must 
meet  labor's  terms  because  labor  is  economically  strong  enough 
to  compel  him.  He  will  live  up  to  the  agreements  for  the  same 
reason.  The  result  of  this  change  of  attitude  is  a  renewed 
energy  in  the  campaign  for  organization,  for  by  this  means 
will  it  be  possible  to  act  independently  of  legislatures.  Union- 
ism should  not  have  any  of  its  economic  activities  "chained 
to  the  police  power  of  the  state,"  declares  the  president  of  the 
Cigar  Makers  Union.  Comparing  eight  hours  by  law  and  eight 
hours  by  unionism,  he  shows  what  his  organization  has  accom- 
plished. Through  the  efforts  of  the  union  an  eight-hour  day 
was  established  as  early  as  1886.  If  the  attempt  had  been  made 
to  secure  this  through  legislation,  failure  would  almost  certainly 
have  been  the  result.  With  this  shorter  day  has  come  lower 
death  rate  and  less  disease,  greater  earning  capacity  and  more 
happiness.  All  this,  it  is  asserted,  has  been  accomplished 
"without  being  bound,  gagged,  and  delivered  to  the  state." 
When  the  proposition  of  a  legal  minimum  wage  is  advanced 
these  leaders  openly  and  positively  reject  it.  Laws  made  for 
this  purpose  lead  to  commissions  to  adjust  wage  scales.  On 
these  commissions  the  laborers  are  not  fairly  represented.  Even 
when  a  union  man  is  appointed  on  a  commission,  he  represents 
the  state.  This  is  true  also  of  employers.  They  are  both  state 
representatives.  "If  the  workers  on  wage  boards  are  appointed 
by  the  state,  or  for  that  matter  if  the  employers  are  appointed 
in  the  same  way,  then  neither  the  workers  or  the  employers 
in  the  trade  are  represented  on  the  board.  .  .  .  The  board 
represents  the  state."  The  inference  is  that  the  conclusions 
reached  must  be  political  rather  than  industrial.  This  chain 
of  consequences  is  followed  one  link  further  and  it  is  asserted 
that  even  the  unions  themselves,  subject  to  state-adjusted 
wages,  must  become  state  unions.  "We  have  in  fact  a  practical 
assurance  in  all  minimum  wage  statutes  that  the  wages  boards 
are  the  forerunners  of  state-made  unions."  The  wage  adopted 
is  usually,  if  not  always,  a  compromise.  It  is  made  for  them 
and  not  by  them.  This  the  unionists  do  not  want.  They 
propose  to  strengthen  their  organization  and  assert  their  own 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING     383 

demands,  and  if  a  compromise  is  necessary  it  will  be  one  of 
their  own  making.  More  than  this,  a  union  minimum  wage 
is  but  temporary.  It  must  be  ever  pushed  upward.  Legal 
standards  become  relatively  more  permanent.  For  this  reason 
again  they  are  objectionable. 

When  unskilled  workers  "organize  and  demand  increases 
they  secure  higher  rates  than  wages  boards  have  yet  attained. 
When  a  union  in  the  course  of  bargaining  agrees  to  a  minimum 
wage  it  is  usually  the  maximum  or  near  it  that  is  paid  in  the 
trade.  It  is  the  business  of  trade  unions  in  fact  never  to  agree 
to  the  actual  minimum  which  prevails  in  a  trade  which  is  un- 
organized or  partly  unorganized,  even  if  in  defeat  it  ultimately 
accepts  it." 

Even  in  cases  of  legal  minimum  wages  for  women,  there  are 
those  who  urge  that  the  policy  is  a  wrong  one.  Its  justification, 
based  on  the  fact  that  women  are  difficult  to  organize,  does 
not  appear  to  be  valid.  If  difficult  to  organize,  then  greater 
efforts  at  organization  should  be  made.  If  weak,  even  when 
brought  together  into  unions,  then  the  strong  unions  should 
lend  the  hand  of  support.  The  state  should  not  be  arbiter 
even  in  this  line  of  wage  fixing. 

Securing  wage  scales  in  this  manner,  it  is  insisted  by  union 
labor's  representatives,  meets  the  opposition  of  unionism  be- 
cause it  is  not  in  accord  with  union  methods.  "The  method 
of  the  true  union  is  to  bargain,"  they  declare.  "The  function 
of  all  labor  unions,  trade,  industrial,  radical  or  conservative, 
is  to  act  as  a  driving  force  in  the  economic  world  in  the  interests 
of  labor,  and  to  determine  the  cost  and  direction  of  labor.  .  .  . 
No  bargainer  ever  entered  the  field  of  bargaining  with  the 
announcement  to  all  possible  buyers  what  the  lowest  price  is 
at  which  he  will  sell." 

Growing  Sentiment  for  Union  Bargaining.  —  This  attitude 
is  more  and  more  emphasized.  The  latest  utterance  at  this 
time  is  that  of  the  Executive  Council  of  the  American  Federation 
in  its  report  to  the  convention  of  1915.  Here  again  protest  is 
raised  against  the  philanthropic  character  of  many  of  the  efforts 
to  improve  the  industrial  condition  of  women.  They  insist 
that  their  industrial  problems  are  in  no  wise  different  from 
those  of  men.  "Industrial  welfare  cannot  be  worked  out  on  a 
sex  basis."     The  welfare  of  wage  earners  in  industrial  work 


384    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

must  be  "based  upon  fundamental  principles  which  conserve 
human  welfare  and  protect  and  develop  all.  These  principles 
in  nowise  differ  as  between  men  and  women."  In  order  that 
these  principles  may  be  worked  out  and  applied,  the  women,  as 
the  men,  do  not  need  "charity,"  "uplift  work,"  "social  clubs 
and  social  centers."  They  need  organization  that  will  enable 
them,  as  the  men,  to  maintain  a  wage  scale  that  will  make  pos- 
sible a  proper  standard  of  living. 

Following  the  same  line  of  discussion,  the  report  states  that 
"the  trade-union  movement  has  opposed  the  regulation  of  work- 
ing conditions,  hours  of  work  and  wages  for  men  in  private  in- 
dustry by  law  or  by  political  agents.  Where  equality  between 
men  and  women  is  established,  the  endorsement  of  this  principle 
for  women  becomes  also  a  very  serious  menace  to  the  liberty  of 
the  men  wage  earners.  Any  legislation  that  bestows  upon 
political  agents  the  right  to  control  industrial  relations  in  private 
industries  becomes  a  serious  menace  and  infringement  upon  the 
rights  of  free  workers."  Any  theory  that  would  bestow  "upon 
the  state  the  right  to  control  and  regulate  industrial  relations" 
would  establish  "a  sort  of  political  paternalism  that  might  secure 
sole  advantages  for  the  wage  earners,  but  would  deprive  them 
of  their  real  freedom."  "Since  men  and  women  now  work  on 
equality  in  industry,  it  is  becoming  daily  more  apparent  that 
the  paternalistic  policy  cannot  be  adopted  in  the  case  of  women 
without  danger  to  men." 

Limits  to  the  Reaction.  —  Such  statements  should  not  be 
interpreted  as  meaning  that  unionism,  trade  unionism  more 
particularly,  is  about  to  abandon  its  policy  of  shaping  legisla- 
tion so  far  as  possible  to  its  own  ends.  There  is  a  relative  im- 
portance as  between  the  two  methods,  the  one  political  and 
the  other  industrial,  and  the  greater  emphasis  is  being  placed 
more  prominently  on  the  latter.  Speaking  somewhat  along 
this  same  line  the  president  of  the  American  Federation  of 
Labor  has  said  editorially:  "The  problems  to  be  solved  and 
the  forces  that  will  be  effective  are  economic  —  hence  the  wis- 
dom of  the  policy  that  the  A.  F.  of  L.  has  steadfastly  pursued. 
There  have  been  many  other  advisers,  some  sincere,  others 
actuated  by  ulterior  purposes,  who  have  advised  their  wage- 
earners  to  put  their  faith  in  the  ballot  and  to  'go  to  Congress.' 
But  politics  is  concerned  with  providing  opportunities,  main- 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING      385 

taining  the  right  to  activities,  establishing  ways  and  means  by 
which  things  can  be  done  —  politics  does  not  enter  directly  and 
intimately  into  industrial  relations.  Politics  is  a  secondary  force 
in  industrial  affairs.  .  .  .  The  center  of  power  has  shifted 
from  politics  and  government  to  industry  and  commerce.  .  .  . 

"Of  course  labor  will  'go  to  Congress,'  but  it  will  be  for  the 
purpose  of  securing  the  largest  degree  of  freedom  to  exercise 
the  necessary  normal  activities  of  the  workers  for  economic 
betterment;  for  the  constructive  work  which  the  government 
alone  can  enact;  and  to  voice  the  new  demand  for  Labor's  com- 
plete disenthrallment  from  every  form  and  fact  of  unfreedom 
and  inequality  before  the  law." 

"The  best  law  made,"  it  is  insisted,  "is  made  by  labor  itself." 
In  evidence  of  this  it  is  pointed  out  that  the  building  trades 
have  an  eight-hour  "law,"  and  they  do  not  have  to  go  before 
a  court  to  ask  its  constitutionality.  The  best  labor  laws  are 
made  in  the  union,  not  in  the  legislature.  "There  are  two 
methods  for  securing  for  workers  wages  and  working  conditions 
in  accord  with  ideals  of  justice:  one,  to  place  upon  the  workers 
themselves  initiative  and  responsibility  for  working  out  their 
own  welfare;  the  other,  to  place  initiative  and  responsibility 
in  some  outside  agency  either  private  or  governmental.  The 
first  method  is  based  upon  democratic  principles,  the  other 
upon  paternalistic." 

President  Gompers  insists  that  women  must  have  the  ballot 
as  a  matter  of  justice  to  them.  They  cannot  without  it  assume 
equal  rights  with  free  men  in  the  struggles  of  life.  At  the  same 
time  this  political  power  is  not  the  prime  requisite.  "Indus- 
trial freedom  must  be  fought  out  on  the  industrial  field.  It 
will  be  achieved  when  wage-earning  women  hold  in  their  own 
hands  the  right  and  the  power  to  participate  in  determining 
the  conditions  under  which  they  shall  work  and  the  wages  they 
shall  receive.  They  can  delegate  this  power  to  no  outside  au- 
thority if  they  wish  industrial  freedom.  Industrial  freedom  is 
not  a  sex  problem;  it  is  a  human  problem.  The  same  principles 
apply  to  men  and  women  alike."  To  secure  such  results  or- 
ganization is  essential.  Organization  and  self-assertion  through 
organization  is  the  gospel  preached  by  this  experienced  labor 
leader.  The  movement  must  be  "real  and  candid;  it  must  not 
allow  itself  to  be  suffocated  or  devitalized  by  frivolities  and 


386    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

pink-tea  imitations  that  have  so  long  kept  women  from  healthy, 
sane  living."  Further,  in  much  the  same  strain,  women  workers 
are  warned  against  those  who  profit  by  exploiting  the  labor 
of  women  and  at  the  same  time  offer  substitutes  for  the  trade- 
union  movement;  as  "welfare  work,  vocational  associations, 
and  other  charitable  or  semi-charitable  institutions,"  in  the 
name  of  the  "usable  tradition  of  the  economic  dependence  of 
women."  The  trade-union  movement  is  the  one  great  move- 
ment that  "offers  women  the  opportunity  to  secure  freedom  as 
well  as  industrial  protection." 

With  this  very  positive  note  of  independence  which  must  be 
regarded  as  applicable  to  legislative  protection  as  well,  may  be 
placed  the  action  of  the  last  convention  of  the  National  Women's 
Trade  Union  League.  A  very  comprehensive  legislative  pro- 
gram was  outlined  in  the  report  of  the  legislative  committee. 
It  included  most  of  the  details  that  go  to  make  up  the  wage 
contract;  the  eight-hour  law,  one  day  rest  in  seven,  elimination 
of  night  work,  weekly  payment  of  wages,  and  minimum  wage 
commissions  to  establish  wage  boards  for  each  industry,  having 
an  equal  representation  of  employers  and  workers  and  represen- 
tatives from  the  public.  This  last  proposal  was  discussed  at 
length.  The  final  vote  expressed  the  determination  of  the 
convention  to  include  the  minimum  wage  provision  in  the  legis- 
lative program.  There  was  but  one  dissenting  vote.  The 
Consumers'  League  is  another  organization  that  is  greatly  in- 
terested in  legislation  for  women  workers.  The  American 
Association  for  Labor  Legislation,  as  its  name  implies,  is  doing 
much  in  pushing  legislative  programs. 

Summary.  —  Whether  or  not  the  strong  influence  of  or- 
ganized labor  will  be  thrown  on  the  side  of  these  efforts  is  not 
yet  fully  revealed  by  this  changing  attitude.  The  situation  is 
such  that  it  cannot  much  longer  remain  in  doubt.  Should  all 
these  organizations  cooperate,  the  influence  will  be  quite  irre- 
sistible. An  increasing  amount  of  labor  legislation  may  con- 
fidently be  expected.  Should  labor  direct  its  efforts  only  along 
lines  that  prepare  the  way  for  greater  bargaining  strength, 
such  as  anti-injunction  laws,  freedom  from  an ti- trust  laws,  for 
example,  the  situation  will  be  changed.  It  not  only  would 
cease  to  advocate  many  practical  measures  which  it  is  now 
understood  to  support.    It  would  cease  to  cooperate  with  such 


LEGISLATION  VERSUS  COLLECTIVE  BARGAINING     387 

associations  as  those  just  named.  Such  an  attitude  would  be 
quickly  seized  by  the  opponents  of  these  measures  and  con- 
strued into  arguments.  Labor  itself,  it  would  be  urged,  does 
not  want  such  laws.  It  is  extremely  doubtful  if  much  legisla- 
tion now  regarded  as  very  desirable  as  social  legislation  could 
be  enacted  in  face  of  such  opposition.  The  situation  at  present 
is  interesting  because  of  this  uncertainty.  Much  depends  upon 
the  extent  to  which  organized  labor  will  go  in  the  next  few  years 
in  placing  insistence  upon  union  collective  bargaining  as  a 
substitute  for  legislation. 


PART  V 
TRANSITIONAL  STAGES 


CHAPTER    XXV 
TRADE-UNION  JURISDICTION 

A  source  of  friction  well  known  to  union  men  and  their  em- 
ployers and  little  heard  of  outside  of  industrial  circles  is  dis- 
agreement over  jurisdiction.  What  is  known  as  the  jurisdic- 
tional dispute  has  in  modern  times  come  to  be  a  serious  cause 
of  trouble.  Not  only  does  it  lead  to  strikes,  particularly  sym- 
pathetic strikes,  but  it  causes  rivalry,  antagonism  and  open 
fighting  between  locals  and  even  between  nationals  that  results 
in  great  confusion  among  employers  who  are  willing  to  concede 
a  large  measure  of  collective  bargaining. 

Jurisdictional  control  may  be  of  at  least  two  kinds.  One  has 
to  do  with  geographical  limits;  the  other  with  trade  or  craft 
activity.  Of  the  two,  the  latter  is  by  far  the  more  complex  and 
troublesome. 

Territorial  Jurisdictional  Disputes.  —  Territorial  jurisdic- 
tional disputes  come  naturally  from  the  growth  of  unions  and  the 
absorption  of  locals  into  nationals.  As  this  concentration  of  or- 
ganization has  progressed,  disputes  of  this  nature  have  grown 
steadily  of  less  importance.  The  presence  of  organizers  in  the 
field  as  national  officers  makes  it  still  more  rare  for  disputes  to 
arise  between  locals  of  the  same  trade.  These  organizers  form 
the  locals  and  bring  them  into  the  union.  Naturally  the  locals 
look  to  the  nationals  as  their  creators,  the  source  of  their  au- 
thority. The  national  constitution  fixes  jurisdictional  responsi- 
bility and  control  and  in  questions  of  interpretation  the  national 
officials  are  judges.  Trouble  of  this  kind  is  avoided  by  the  na- 
tionals through  regulations  noted  in  a  former  chapter.  The 
consent  of  existing  locals  must  be  secured  when  new  ones  are 
proposed  where  there  is  a  prospect  that  trouble  may  arise.  It 
is  a  general  rule  that  locals  applying  for  membership  in  the 
nationals  will  have  their  territory  very  clearly  defined. 

Early  Locals.  —  Much  trouble  developed  in  the  earlier  period 
because  locals  sprang  up  in  remote  regions  and  through  expan- 

39i 


392    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

sion  extended  their  claims  of  territorial  jurisdiction  until  they 
came  into  conflict.  The  Granite  Cutters,  for  example,  originally- 
planned  to  limit  their  control  to  New  England.  Locals  of 
granite  cutters  appeared,  however,  in  neighboring  states  and 
asked  for  charters.  Canadian  locals  also  became  applicants. 
Rather  than  see  two  or  more  independent  nationals  with  doubt- 
ful permanency  of  territorial  boundaries,  it  was  decided  to 
depart  from  the  original  plans.  The  applying  locals  were  ad- 
mitted to  membership,  and  the  union  became  an  international. 

An  incident  is  recorded  that  has  its  amusing  side  though  all 
the  elements  of  serious  trouble  were  present.  A  railroad  was 
building  a  tunnel  which  began  in  the  jurisdiction  of  one  local 
and  ended  in  that  of  another.  One  set  of  workmen  belonging 
to  one  of  the  locals  completed  the  work.  The  officers  of  the 
local  whose  jurisdiction  had  been  invaded  presented  to  the 
intruding  local  a  demand  for  initiation  fees  and  dues  from  the 
intruders.  This  was  a  quarter  of  a  century  ago  and  throws  an 
interesting  light  upon  the  conditions  of  the  day. 

Growth  of  Nationals.  —  Though  much  of  the  possible  friction 
has  been  removed  by  the  growth  of  the  more  powerful  nationals 
and  the  affiliation  of  so  many  of  them  into  a  national  federation, 
sources  of  friction  still  remain.  Some  workmen  are  opposed 
to  yielding  control  to  a  central  authority.  These  may  form 
an  independent  society.  Its  existence  can  hardly  escape  the 
vigilant  observation  of  the  officials  of  the  national  union  of 
the  trade.  If  the  independents  persist  in  standing  out  against 
all  inducements  to  join  the  national  movement,  it  is  quite  likely 
that  means  will  be  found  for  forming  a  rival  local  of  members 
that  are  not  opposed  to  nationalism.  Thus  two  local  bodies 
will  dispute  for  jurisdiction  in  that  locality,  to  the  serious  em- 
barrassment of  even  kindly  disposed  employers  as  well  as  the 
confusion  of  the  public  mind.  In  some  cases  the  discipline  of 
the  national  may  be  too  rigorous.  Either  suspension  or  secession 
may  be  the  result.  In  other  cases  ambitious  local  leaders  may 
build  up  a  following  and,  failing  to  secure  the  recognition  that 
they  think  they  merit,  may  head  a  secession  movement.  Almost 
inevitably  the  national  will  seek  to  repair  its  loss  by  building 
up  another  local  and  affiliating  it.  This  again  will  give  rise 
to  controversy  over  territorial  jurisdiction. 

It  does  not  always  happen  that  an  independent  movement 


TRADE-UNION  JURISDICTION  393 

or  a  secession  movement  will  be  restricted  to  local  territory. 
There  are  rivals  for  national  territorial  jurisdiction  as  well. 
These  result  from  an  inability  of  either  to  summon  enough 
strength  to  bring  the  other  to  terms.  There  have  been  two 
associations  of  carpenters;  the  Amalgamated  Society  of  Carpen- 
ters and  Joiners  having  a  membership  of  about  10,000  with 
headquarters  in  New  York,  and  the  United  Brotherhood  of 
Carpenters  and  Joiners  of  America  with  over  200,000  members 
and  national  offices  in  Indianapolis.  The  last  named  belongs 
to  the  American  Federation  of  Labor,  the  charter  of  the  former 
having  been  revoked  in  191 2.  Electrical  workers  have  two  or- 
ganizations. Each  one  is  known  as  the  International  Brother- 
hood of  Electrical  Workers.  Each  has  central  offices  in  Spring- 
field, Illinois.  The  membership  of  these  two  is  about  the  same, 
though  only  one  belongs  to  the  American  Federation.  Such 
instances  as  these  show  the  possibility  of  trouble  over  national 
territorial  jurisdiction.  The  preponderating  influence  of  the 
American  Federation  of  Labor  and  its  policy  to  issue  charters 
to  but  one  of  two  or  more  applicants  that  may  be  in  territorial 
rivalry  make  this  type  of  jurisdictional  dispute  less  likely  to 
arise. 

Trade  Jurisdictional  Disputes.  —  The  question  of  jurisdic- 
tion over  trade  or  craft  is  far  more  important  as  it  causes  much 
more  trouble  and  is  far  more  difficult  of  adjustment.  On  the  sur- 
face it  would  seem  a  very  simple  thing.  Carpenters  may  rightly 
exercise  jurisdiction  over  all  carpenter  work,  and  a  union  man 
belonging  to  a  mason's  union  cannot  dispute  the  claim  with 
him.  So  a  boot  and  shoe  maker  insists  upon  a  difference  be- 
tween his  work  and  that  of  garment  making.  The  jurisdictions 
are  clear  and  each  recognizes  the  claims  of  the  other.  Rival 
unions  may  exist,  to  be  sure,  each  claiming  the  right  to  represent 
unionism  in  garment  making  or  in  shoe  making.  A  struggle  of 
this  nature  is  of  course  one  of  jurisdictional  control  but  not 
the  kind  of  strife  that  is  causing  most  trouble  in  modern  in- 
dustry. 

Changing  Trade  Lines.  —  Division  and  subdivision  of  labor, 
extensive  use  of  machinery,  changing  methods  of  work,  sub- 
stitution of  materials;  all  these  exercise  a  constant  influence 
upon  conventional  craft  lines.  Eighteenth  century  "trades" 
were  broad  and  inclusive  with  clear  cut  dividing  lines.    Those 


394    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  the  twentieth  century  are  so  narrowed  by  the  changes  of 
modern  industry  as  to  be  hardly  recognizable  by  comparison. 
In  the  eighteenth-century  sense  of  the  word  there  are  but  few 
"trades"  now.  To  maintain  jurisdiction  in  the  midst  of  these 
changes  has  caused  great  confusion  and  great  embarrassment 
to  the  progress  of  the  trade-union  movement. 

Confusion  and  Complexity.  —  Though  simple  to  see  so  far 
as  facts  are  concerned,  the  situation  is  not  easy  to  comprehend. 
A  solution  seems  baffling  at  present.  If  a  roof  is  to  be  put  on 
a  building,  the  material  will  lie  in  different  jurisdictions.  If 
shingle,  it  belongs  to  the  carpenters,  presumably.  Slate  or 
tile  would  bring  in  the  International  Slate  and  Tile  Roofers 
Union  of  America.  A  composition  material  would  give  rise 
to  jurisdiction  claims  on  the  part  of  the  Brotherhood  of  Com- 
position Roofers.  Laths  in  the  past  have  been  put  on  by  car- 
penters. But  for  metal  lath  there  is  the  Brotherhood  of  Metal 
Workers.  But  all  lathing  work  is  claimed  by  the  Wood  Wire 
and  Metal  Lathers  International  Union.  With  the  extension 
of  electric  transportation,  car  drivers  have  become  motormen. 
Steam  railroads  have  established  electric  power  and  use  their 
engineers  on  the  electric  engines.  This  opens  a  way  for  trouble 
between  the  Association  of  Street  and  Electric  Railway  Employ- 
ees and  the  Brotherhood  of  Locomotive  Engineers.  When 
imitation  marble  or  marbleithic  tile  is  to  be  set  there  are  the 
claims  of  the  Plasterers  International  Association,  the  Inter- 
national Association  of  Marble  Workers  and  the  Ceramic, 
Mosaic  and  Encaustic  Tile  Layers  and  Helpers  International 
Union.  Metal  doors  and  metal  casings,  known  as  "metal 
trim"  is  being  used  in  fire-proof  construction.  Both  carpenters 
and  sheet  metal  workers  claim  this  work  as  being  within  their 
respective  jurisdictions.  Pneumatic  tubes,  such  as  speaking 
tubes,  delivery  tubes  and  such,  are  coming  into  more  general 
use.  This  kind  of  work  has  led  to  trouble  between  plumbers 
and  gas  fitters.  The  introduction  of  the  linotype  raised  an 
issue  between  the  printer  and  the  machinist.  An  operator 
of  a  linotype  under  union  rules  could  not  repair  the  machine 
he  operated.  It  was  not  clear  whether  selling  meat  in  a  meat 
market  was  work  that  belonged  to  the  jurisdiction  of  the  Broth- 
erhood of  Butcher  Workmen  of  America  or  to  that  of  the  Retail 
Clerks  International  Protective  Association. 


TRADE-UNION  JURISDICTION  395 

These  random  illustrations  show  the  complexity  of  jurisdic- 
tional disputes.  When  there  is  the  work  of  employing  many 
trades  on  one  job  the  situation  becomes  a  hopeless  tangle. 
This  has  been  woven  into  a  brief  description  by  Dr.  Whitney 
that  is  well  worth  quoting  in  full.  A  large  modern  fire-proof 
building  is  to  be  erected. 

"The  work  of  excavation,  requiring  mainly  unskilled  labor, 
is  claimed  by  the  Hod  Carriers  and  Building  Laborers  Union, 
and,  except  where  the  excavation  is  so  deep  that  a  hoisting  en- 
gine or  other  machine  is  needed  to  bring  up  the  dirt,  it  may  be 
regarded  as  conceded  to  this  union.  If  the  foundation  walls  are 
built  of  stone,  they  will  be  claimed  by  the  stonemasons,  who  are 
a  part  of  the  Bricklayers  and  Masons  Union,  since  the  jurisdic- 
tion claimed  by  this  union  covers  the  setting  of  all  stone.  If  the 
foundation  had  been  of  brick,  the  work  would  have  been  con- 
trolled by  the  same  national  union.  If  the  foundation  had  been 
of  concrete,  the  Cement  Workers  would  have  laid  claim  to  the 
work,  while  the  Bricklayers  and  Masons  Union  would  also  have 
been  likely  to  demand  control  of  it,  on  the  ground  that  the  con- 
crete was  being  used  as  substitute  for  brick  or  stone. 

"The  framework  of  the  building,  being  of  structural  steel  and 
iron,  will  be  conceded  to  the  Bridge  and  Structural  Iron  Workers 
Union.  For  the  outside  walls,  if  granite  is  used,  the  stone  must 
be  cut  by  the  Granite  Cutters,  who  have  exclusive  jurisdiction 
over  the  cutting  of  that  material.  If  a  sandstone  or  any  stone 
softer  than  granite  is  used,  the  Journeymen  Stone  Cutters 
Association  will  control  the  cutting,  though  this  may  be  contested 
in  some  cases  by  the  stonemasons,  who  claim  that  very  often  it 
is  necessary,  or  at  least  expedient,  for  them  to  cut  stone  in  con- 
nection with  setting  it.  On  the  other  hand,  the  Stone  Cutters 
may  claim  the  placing  of  the  stone  in  the  wall  on  the  score  that 
the  setting  of  stone  is  a  branch  of  the  stone  cutter's  art,  but  gen- 
erally stone  setting  is  yielded  to  the  masons. 

"The  roof,  if  made  of  composition,  slag,  or  other  roofing  mate- 
rial such  as  asphalt  and  gravel,  will  be  built  under  the  control 
of  the  Composition  Roofers,  who  have  jurisdiction  over  the 
placing  of  this  roofing  material;  if  the  roof  is  of  slate  or  tile,  it  is 
conceded  to  the  Slate  and  Tile  Roofers.  The  floors  are  likely  to 
be  of  reinforced  concrete.  In  that  case  the  Carpenters  will 
claim  the  building  of  all  molds  and  forms;  the  mixing  and  the 


396    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

handling  of  the  concrete  will  be  demanded  by  both  the  Cement 
Workers  and  the  Hod  Carriers,  while  the  Bricklayers  will  con- 
tend that  such  work  ought  to  be  done  under  the  direction  of  a 
bricklayer  foreman.  Finally,  the  metal  sheathing  which  forms 
the  basis  for  the  concrete  is  claimed  both  by  the  Lathers  and  by 
the  Sheet  Metal  Workers.  If  the  floors  are  made  of  wood,  they 
will  be  conceded  to  the  Carpenters  as  their  work.  The  lathing 
of  the  building  will  be  done  by  the  Wood,  Wire  and  Metal 
Lathers,  though  on  one  side  this  work  approaches  closely  the 
trade  line  of  the  carpenter,  and  on  the  other  that  of  the  sheet 
metal  worker. 

"  The  painting  and  the  decorating  of  the  building  will  be 
claimed  by  the  Painters,  although  the  putting  up  of  picture 
molding  is  demanded  by  the  Carpenters  on  the  ground  that  the 
material  is  wood  and  is  attached  by  the  use  of  carpenters'  tools. 
The  placing  of  the  hollow  metal  doors  and  sash  throughout  the 
building  will  be  considered  by  the  Carpenters  as  belonging  to 
their  trade  because  this  work  requires  the  use  of  their  tools  and 
their  skill  and  because  the  use  of  sheet  metal  is  displacing  what 
was  formerly  carpenters'  work,  while  the  Sheet  Metal  Workers 
regard  this  as  part  of  their  trade,  inasmuch  as  they  manufacture 
this  material  and  do  nothing  but  handle  sheet  metal,  so  that  they 
have  the  skill  necessary  to  erect  it.  Plumbing,  heating  and 
lighting  are  trades  not  very  difficult  to  distinguish,  but  if  a 
vacuum  cleaning  system,  a  sprinkler  system,  or  some  other  ex- 
tension of  one  of  these  older  trades  is  to  be  installed,  difficulties 
arise.  The  Steam  Fitters  maintain  that  custom  ought  to  be  the 
guide,  that  is,  that  it  should  be  ascertained  which  trade  group 
was  originally  regarded  as  the  most  competent  to  do  the  work, 
as  evidenced  by  the  choice  of  the  builder.  The  Plumbers  would 
also  claim  this  work  on  the  ground  that  they  have  men  in  their 
organization  who  practice  these  trades,  and  that  the  whole  pipe- 
fitting  industry  ought  to  be  united  under  their  jurisdiction,  but 
this  complication  arises  out  of  the  existence  of  dual  associations, 
and  is  not  due  to  uncertain  trade  lines. 

"The  construction  of  the  elevators  will  be  claimed  in  its  en- 
tirety by  the  Elevator  Constructors,  but  this  demand  will  be 
opposed  for  different  parts  of  the  work  by  the  Electrical  Workers, 
the  Sheet  Metal  Workers,  the  Machinists,  the  Structural  Iron 
Workers,  and  the  Carpenters,  each  of  these  unions  claiming  such 


TRADE-UNION  JURISDICTION  397 

part  of  the  work  as  it  regards  as  lying  within  its  trade.  The 
Elevator  Constructors  maintain  that  the  whole  work  is  so  closely 
connected  that  it  cannot  be  conveniently  or  properly  performed 
in  parts  by  different  trades.  The  plastering  of  the  building 
will  be  conceded  to  the  Plasterers,  since  the  work  of  applying 
plastic  material  to  walls  is  pretty  well  defined.  However,  if 
certain  forms  of  decorative  plaster,  which  are  made  up  in  fac- 
tories and  cast  in  sections  all  ready  to  be  nailed  to  the  wall,  are 
used,  the  Plasterers  will  still  insist  on  the  control  of  the  work 
because  the  use  of  this  material  is  displacing  the  older  form  of 
plaster,  and  the  Carpenters  will  demand  it  on  the  ground  that 
to  nail  these  blocks  to  the  wall  is  essentially  their  work  since  it  is 
performed  with  their  tools.  The  interior  marble  work  for  stairs, 
mantels,  fireplaces  and  columns  will  be  done  under  the  jurisdic- 
tion of  the  Marble  Workers,  who  have  control  of  the  cutting  and 
setting  of  interior  marble  work,  whereas  if  the  same  material 
were  used  on  the  outside  of  the  building  the  Stone  Cutters  and 
the  Masons  would  have  control.  The  erection  of  the  scaffolding 
used  in  various  stages  of  the  construction  of  the  building  will  be 
claimed  by  the  Hod  Carriers  and  Building  Laborers  on  the 
ground  that  it  requires  little  skill  and  is  therefore  to  be  classed  as 
laborers'  work;  by  the  Carpenters,  because  carpenters'  tools  are 
used;  and,  when  scaffolding  is  to  be  used  by  the  Marble  Workers, 
by  the  Marble  Workers  Helpers  on  the  ground  that  the  erection 
of  the  scaffolding  is  closely  associated  with  the  placing  of  the 
marble." 

Supplementing  this  statement  with  another  made  from  the 
point  of  view  of  the  troublesome  strike  arising  over  jurisdictional 
disputes,  it  has  been  insisted  that  "unless  the  related  trades 
bargain  jointly  with  employers  and  make  joint  agreements,  the 
policy  of  waging  sympathetic  strikes  increases  the  number  in- 
volved in  each  conflict  without  reducing  the  number  of  such 
conflicts.  For  example,  the  carpenters  engaged  in  the  construc- 
tion of  a  building  declare  a  strike  for  higher  wages,  and  the  mem- 
bers of  every  other  trade  on  the  building  quit  work  in  sympathy. 
When  this  trouble  has  been  adjusted,  the  plumbers  discover  that 
the  employer  has  violated  his  agreement  with  them;  and  all 
trades  again  go  on  strike.  Next,  the  elevator  constructors  and 
the  hoisting  engineers  quarrel  as  to  which  of  them  shall  run  the 
completed  elevator.    The  other  trades  take  sides  and  all  building 


398    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

operations  are  suspended  until  the  dispute  can  be  settled.  Then 
the  business  agent  of  the  plasterers'  union  finds  that  his  trade 
has  a  grievance  and  orders  every  one  to  leave  the  building.  This 
is  not  a  very  exaggerated  picture  of  conditions  in  the  building 
industry  as  they  existed  in  Chicago  just  before  1900  or  in  New 
York  during  the  spring  and  summer  of  1902.  Building  operations 
were  seriously  demoralized.  The  time  for  the  ultimate  comple- 
tion of  a  building  was  a  matter  of  gamble  with  all  odds  in  favor 
of  delay.  Building  contractors,  landlords,  and  the  general  pub- 
lic joined  in  a  chorus  of  protest  against  the  arbitrary  methods  of 
the  unions." 

Attempts  to  Solve  Difficulties.  —  How  to  prevent  conflict 
when  these  disputes  over  jurisdiction  arise  has  thus  far  remained 
an  unanswered  question.  Many  attempts  at  solution  have  been 
made  but  none  have  met  with  very  marked  success.  The  plan 
of  having  the  workman  join  two  or  more  unions  has  been  tried. 
This  may  help  the  individual  laborer  out  of  his  embarrassment 
but  it  does  not  remove  the  cause  of  the  difficulty.  While  the 
bricklayers  and  stone  masons  were  organized  in  separate  locals, 
in  one  instance  a  workman  joined  both  locals.  The  bricklayers 
struck  a  job  and  the  workman  secured  work  on  a  stonemason 
job.  His  work  called  for  drilling  some  holes  for  gas  pipes  through 
fire-proof  arches.  This  was  a  bricklayer's  job  and  consequently 
he  was  fined  by  his  bricklayers'  local  for  violating  their  rule 
against  doing  work  on  a  struck  job.  An  appeal  to  the  national 
convention  of  bricklayers  led  to  a  revision  of  rules  and  a  better 
adjustment  between  the  trades. 

Efforts  are  made  by  the  nationals  to  make  more  and  more 
clear  the  specific  jurisdiction  of  their  authority.  In  the  consti- 
tution is  stated  as  fully  as  possible  the  limits  of  the  particular 
trade.  Then  every  local  applying  for  a  charter  must  state 
what  work  it  will  control.  If  the  local  be  a  mixed  local  each 
member  must  register  in  one  branch.  In  the  Marble  Workers 
Union,  for  example,  a  member  must  register  himself  as  a  cutter, 
polisher,  machine  hand,  helper,  quarryman  or  any  other  of 
the  subdivisions.  The  carpenters  as  early  as  1886  defined 
their  jurisdiction.  "Those  persons  are  eligible  to  membership 
who  are  competent  carpenters  and  joiners,  engaged  at  wood 
work;  and  also  any  stair  builder,  millwright,  planing  mill  bench 
hand  or  any  cabinet  maker  engaged  at  carpenter  work  or  any 


TRADE-UNION  JURISDICTION  399 

carpenter  running  wood  working  machinery  shall  be  eligible." 
More  recently  these  statements  have  been  made  much  more 
elaborate.  The  Electrical  Workers  declare  that  "each  charter 
must  state  the  class  of  work  and  the  geographical  jurisdiction 
covered  by  the  charter  and  a  record  of  each  charter  and  its 
jurisdiction  must  be  kept  with  the  International  Order."  The 
Granite  Cutters  somewhat  dictatorially  assert  their  jurisdic- 
tion: "It  is  hereby  declared  and  set  forth,"  declares  the  Con- 
stitution, "that  the  Granite  Cutters  International  Association 
of  America  claims  the  right  of  jurisdiction  over  cutting,  carving, 
dressing,  sawing  and  setting  all  granite  and  hard  stone  on  which 
granite  cutters  tools  are  used;"  also  all  machine  work  for  the 
same;  and  further  "declare  and  set  forth  that  no  other  trade, 
craft  or  calling  has  any  right  or  jurisdiction  over"  these  named 
activities.  The  Typographical  Union  claims  that  its  "juris- 
diction shall  include  all  branches  of  the  printing  and  kindred 
trades,  other  than  those  over  which  jurisdiction  has  been  con- 
ceded by  agreement."  The  Bricklayers,  Masons  and  Plasterers 
have  an  elaborate  definition  of  what  shall  constitute  bricklaying 
masonry,  stone  masonry,  artificial  stone  masonry  and  plaster- 
ing. Of  these  the  jurisdiction  over  artificial  stone  masonry 
seems  the  most  arbitrarily  asserted.  "The  cutting,  setting 
and  pointing  of  cement  blocks  or  artificial  stone,  and  all  cement 
that  is  used  for  backing  up  external  walls,  the  building  of  party 
walls,  columns,  girders,  beams,  floors,  stairs,  arches  and  plaster 
block  partitions,  where  substituted  for  brick." 

By  this  means  a  national  may  control  its  locals.  But  this 
is  not  the  most  serious  phase.  When  nationals  claim  jurisdic- 
tion against  each  other,  there  is  no  controlling  authority  to 
act  as  peacemaker.  Recent  trade-union  history  has  some  sad 
stories  in  its  pages  because  of  these  struggles  between  nationals. 

The  core  workers  organized  a  separate  national  union.  Being 
too  weak  to  maintain  a  separate  existence,  they  were  forced 
to  amalgamate  with  the  International  Molders  Union.  Then 
work  in  brass  became  more  important.  The  molding  of  brass 
was  work  for  brass  workers.  It  was  also  molding  work.  The 
International  Molders  Union  claimed  jurisdiction.  So  also  did 
the  Metal  Polishers,  Buffers,  Platers,  Brass  and  Silver  Workers 
Union  of  North  America.  A  lively  contention  has  been  waged 
between  these  nationals  for  more  than  a  dozen  years  with  no 


400    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

permanent  settlement  other  than  voluntary  "agreements" 
between  "sovereign"  officials.  The  Molders  are  also  under 
the  shadow  of  an  amalgamation  of  all  metal  trades.  The  editor 
of  the  Molders  trade  journal  in  opposing  this  movement  makes 
two  points.  Amalgamate,  he  says,  means  "to  unite,  to  inter- 
weave, to  intermingle,  to  make  one  and  the  same  of  what  had 
formerly  been  separate  bodies."  To  amalgamate  would  mean 
virtually  that  the  Molders  Union  would  pass  out  of  existence 
as  a  separate  body  and  its  affairs  would  be  managed  by  ma- 
chinists, pattern-makers,  blacksmiths,  boilermakers  and  other 
metal  trade  workers  while  the  molders  would  become  responsi- 
ble for  all  these  other  trades  as  well.  As  an  example  of  what 
would  happen,  the  editor  then  refers  to  the  fate  of  the  core 
workers.  Until  1903  they  had  a  separate  national  affiliated 
with  the  American  Federation.  They  amalgamated  with  the 
Molders.  This  brought  an  end  to  their  union  with  all  its  laws, 
policies,  and  its  separate  funds.  They  were  governed  by  laws 
and  policies  as  determined  by  the  majority  of  molders. 

In  1898  the  Steam  and  Hot  Water  Fitters  Union  applied 
to  the  American  Federation  for  a  charter.  The  application 
was  opposed  by  the  Plumbers  Union.  The  Federation  granted 
a  provisional  charter  providing  that  the  Plumbers  should  keep 
their  present  members  who  were  steam  or  hot  water  fitters 
and  that  they  might  admit  to  their  membership  others  in  towns 
that  were  too  small  for  both  unions  to  maintain  locals.  The 
plumbers  continued  their  opposition.  In  191 1  the  Federation 
extended  the  jurisdiction  of  the  plumbers  over  all  steam  and 
hot  water  fitting  work  and  the  following  year  it  refused  to  seat 
representatives  of  the  Steam  and  Hot  Water  Fitters  Union, 
extending  the  jurisdiction  of  the  plumbers  over  all  pipe  trades. 
The  result  has  been  the  formation  of  the  United  Association 
of  Journeymen  Plumbers,  Gas  Fitters,  Steam  Fitters  and  Steam 
Fitters  Helpers  of  the  United  States  and  Canada,  affiliated 
with  the  American  Federation  of  Labor,  and  the  separate  ex- 
istence of  the  International  Association  of  Steam,  Hot  Water 
and  Power  Pipe  Fitters  and  Helpers  of  America. 

Tendency  toward  Amalgamation.  —  In  such  struggles  as 
these  there  has  resulted  an  amalgamation  of  the  unions  into  a 
common  organization  with  a  single  constitution.  Details  of  laws 
and  rules  have  been  worked  out  in  each  instance  to  meet  the  par- 


TRADE-UNION  JURISDICTION  401 

ticular  case.  Even  the  names  of  some  of  the  associations  suggest 
much  of  strife  and  adjustment  on  the  basis  of  a  working  agree- 
ment. The  Amalgamated  Bluestone  Cutters,  Flaggers,  Curb 
and  Bridge  Setters  of  America;  International  Brotherhood 
of  Boiler  Makers,  Iron  Ship  Builders  and  Helpers  of  America; 
International  Brick,  Tile,  and  Terra  Cotta  Workers  Alliance; 
Bricklayers,  Masons  and  Plasterers  International  Union;  In- 
ternational Union  of  Carriage,  Wagon  and  Automobile  Workers; 
Brotherhood  of  Painters,  Decorators,  and  Paper  Hangers  of 
America;  International  Union  of  Pavers,  Rammermen,  Flag 
Layers,  Bridge  and  Stone  Curb  Setters;  International  Union 
of  Shingle  Weavers,  Sawmill  Workers  and  Woodsmen;  Hotel 
and  Restaurant  Employers  International  Alliance  and  Bar- 
tenders International  League  of  America  —  such  associations  as 
these  reveal  one  method  of  solving  the  difficulty.  Nearly  all 
of  them  are  smaller  unions  with  enough  interests  in  common 
to  lead  to  some  kind  of  amalgamation.  When  one  union  is 
more  powerful  than  its  jurisdictional  rival  the  result  tells  a 
different  tale.  The  Typographical  Union  has  won  against  the 
Association  of  Machinists  in  the  contest  for  jurisdiction  over 
machine  tenders  in  printing  establishments.  Both  Brewery 
Workers  and  Mine  Workers  have  won  over  the  Engineers. 
At  the  convention  of  the  American  Federation  of  Labor  in  1914 
there  were  many  contests  still  unsettled.  The  Association  of 
Longshoremen  and  the  Seamans  Union  were  at  odds  over  the 
jurisdiction  of  men  employed  in  marine  warehouses.  A  long 
controversy  between  the  United  Brotherhood  of  Carpenters 
and  Joiners  and  the  Amalgamated  Society  of  Carpenters  and 
Joiners  was  announced  as  having  been  ended.  Trouble  was 
reported  as  still  unsettled  between  the  International  Brother- 
hood of  Steam  Shovel  and  Dredgemen,  the  Associated  Union 
of  Steam  Shovelmen,  and  the  International  Union  of  Steam 
and  Operating  Engineers.  The  Cigar  Makers  International 
Union  and  the  National  Stogie  Makers  League  were  at  odds. 
Other  controversies  were  those  between  the  Brewery  Workers 
and  the  Coopers  International  Union;  the  International  Print- 
ing Pressmen  and  the  International  Plate  Printers  Union  over 
new  processes  and  new  presses;  Stove  Mounters  and  Sheet 
Metal  Workers;  Machinists  and  Elevator  Constructors;  Black- 
smiths and   Bridge  and  Structural  Iron  Workers;  Plasterers 


402    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  Carpenters;  Lithographers,  Printing  Pressmen  and  Photo- 
Engravers;  Lithographers  and  Lithographic  Pressfeeders;  Hod 
Carriers  and  Cement  Workers;  Upholsterers  and  Carpet  Me- 
chanics; Blacksmiths  and  Tunnel  and  Subway  Constructors; 
Tunnel  and  Subway  Constructors  and  Compressed  Air  Workers; 
Electrical  Workers  and  Theatrical  Stage  Employees;  Flint 
Glass  Workers  and  Machinists;  Teamsters,  Brewers,  Bakers 
and  Laundry  Workers  (over  drivers  of  wagons);  Electrical 
Workers  and  Engineers;  Carriage  and  Wagon  Workers,  Black- 
smiths, Upholsterers,  Machinists  and  Metal  Polishers. 

Such  a  list  of  jurisdictional  difficulties  is  more  significant 
than  entertaining.  Reading  between  the  lines  it  reveals  a  sit- 
uation that  means  much,  for  good  or  for  ill,  to  the  labor  move- 
ment. If  the  unions  are  unable  to  adapt  their  organization 
and  activities  to  industrial  changes,  they  will  have  given  into 
the  hands  of  their  enemies  a  powerful  weapon.  To  keep  pace 
with  all  the  readjustments  that  are  now  made  in  the  name  of 
science  and  efficiency  requires  a  degree  of  adaptability  and 
flexibility  on  the  part  of  trade  unions  that  they  do  not  appear 
to  possess. 

Settlement  through  American  Federation.  —  The  natural 
way  to  deal  with  the  inter-union  differences  would  appear  to 
be  through  the  American  Federation  of  Labor.  But  many  of 
the  unions  do  not  belong  to  the  Federation.  In  other  instances 
refusal  to  apply  for  a  charter  on  the  part  of  a  trade  union  has 
been  followed  by  the  deliberate  formation  of  a  rival  in  the  trade, 
one  that  will  hold  a  Federation  charter.  This  may  extend  the 
influence  of  the  Federation  but  the  gain  is  not  a  net  gain  until 
it  is  offset  against  the  existence  of  a  new  jurisdictional  struggle, 
the  results  of  which  concern  employers  as  well  as  union  men. 
Even  where  the  struggle  is  between  unions  that  are  affiliated 
with  the  Federation  the  situation  has  not  been  handled  with 
uniform  success.  Though  forced  to  recognize  the  existence  of 
these  disputes,  it  has  done  so  reluctantly.  A  study  of  the  Federa- 
tion's relation  to  some  of  the  more  important  struggles  has 
led  to  the  conclusion  that  its  policy  has  been  marked  by  "great 
vacillation."  "It  is  difficult  to  see,"  says  Blum,  "how  their 
mediation  has  been  of  great  moment  though  it  is  probable  that 
the  conferences  and  conciliatory  efforts  had  a  certain  moral 
influence  in  bringing  about  an  adjustment."    Again  this  same 


TRADE-UNION  JURISDICTION  403 

writer  adds,  "There  has  been  no  logical  ending"  to  so  many  of 
the  disputes.  "The  good  offices  of  the  American  Federation 
of  Labor  have  been  of  no  avail,  .  .  .  the  controversy,  not  de- 
cided by  anybody  or  on  any  principle,  is  won  by  the  stronger 
union."  From  his  study  of  the  building  trades  controversy 
Whitney  concludes  that  the  American  Federation  of  Labor  fails 
as  an  arbitration  agency.  His  study,  he  declares,  "will  convince 
anyone  that  it  is  not  without  cause  that  the  unions  are  unwill- 
ing to  rely  for  a  decision  as  to  their  jurisdiction  claims  upon  the 
justice  and  impartiality  of  either  the  American  Federation  of 
Labor  or  the  Building  Trades  Department."  Even  the  out- 
spoken friends  of  the  American  Federation  admit  its  weakness 
in  this  regard.  "The  American  Federation  of  Labor,"  writes 
Mr.  John  Mitchell  in  his  Organized  Labor,  "has  accomplished 
a  great  deal  toward  preventing  the  outbreak  of  jurisdictional 
disputes  and  toward  settling  them  where  they  have  already 
occurred.  In  this  matter  the  American  Federation  of  Labor 
should  be  greatly  strengthened." 

Without  attempting  to  sit  in  too  rigid  judgment  upon  the 
effectiveness  of  the  American  Federation  in  dealing  with  cases 
of  jurisdictional  controversies,  a  moment's  thought  as  to  its 
own  organization  will  be  helpful  in  explaining.  This  organiza- 
tion is  essentially  &  federation.  As  has  been  described  in  a  former 
chapter,  it  is  made  up  of  self-governing  national  unions.  Its 
existence  depends  upon  the  support  of  such  unions.  This  limits 
very  much  the  authority  of  the  Federation,  forcing  it  in  behalf 
of  its  own  continued  existence  to  adopt  the  course  dictated  by 
"practical  expediency."  The  more  powerful  national  unions 
do  not  yield  gracefully  to  a  decision  in  favor  of  a  weaker  rival. 
Their  voting  strength,  their  financial  support,  their  tacitly  recog- 
nized community  of  interest  with  other  larger  nationals  all 
tend  to  make  them  at  times  quite  independent  of  the  Federa- 
tion's authority.  The  Federation's  Executive  Committee  to 
which  its  troubles  are  usually  referred  is  made  up  largely  of 
leaders  chosen  from  among  the  strong  nationals.  Discipline, 
exercised  upon  a  national  by  the  Federation,  may  prove  to  be 
a  boomerang.  The  Federation  is,  by  its  very  nature,  compelled 
to  be  "practical"  in  securing  its  ends.  The  American  Federa- 
tion of  Labor  fails  as  an  arbitration  agency  in  such  disputes, 
as  Whitney  points  out,  "for  the  reason  that  its  very  existence  is 


404    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

too  intimately  dependent  upon  the  members  and  the  contribu- 
tions of  the  affiliated  unions  for  it  to  be  absolutely  impartial  in 
passing  upon  disputes  in  which  the  size  and  strength  of  the 
contending  unions  is  very  dissimilar." 

Lack  of  Principle  in  Disputes.  —  The  main  reason  for  failure 
and  confusion,  on  the  part  not  only  of  the  Federation  of  Labor 
but  of  the  unions  as  well  is  the  entire  lack  of  any  general  prin- 
ciple or  universal  basis  of  settlement.  The  situation  is  con- 
fused not  a  little  by  the  evolution  of  industry  as  well  as  by 
personal  rivalries  and  mutual  distrust.  Several  "  bases  of  set- 
tlement" have  been  proposed  and  some  of  them  have  been  in- 
voked in  connection  with  successful  adjustments.  It  would  be 
bold  to  assert  that  they  were  the  causes  of  settlement.  Some- 
times the  material  used  is  urged  in  support  of  a  contention;  as 
when  the  metal  workers  claim  jurisdiction  over  metal  doors  and 
metal  trim,  or  iron  workers  over  shipbuilding.  Sometimes  the 
nature  of  the  operation  involved  is  urged;  as  lathing,  whether 
wood,  metal  or  wire;  plastering,  whether  spreading  soft  plaster 
or  nailing  blocks  of  ready-made  plaster  in  place.  Again  the 
tools  used  make  a  basis  for  distinction;  as  stone  cutting,  granite 
cutting  and  marble  cutting  tools,  or  carpenters'  tools  instead  of 
masons',  when  plaster  blocks  are  put  in  place.  The  character 
of  the  establishment  in  which  the  work  is  done  appears  to  some 
as  conclusive;  as  machinists  on  linotypes  in  a  printing  shop, 
or  coopers  in  a  brewery,  or  wood  workers  in  a  piano  factory. 
Other  claims  equally  partisan  have  been  put  forward  as  decisive, 
and  these  only  add  to  the  confusion.  In  fact  none  of  them  is 
rational.  Trade  jealousy  or  self-defense,  as  the  case  may  be, 
dictates  the  establishment  of  a  jurisdictional  claim.  Once 
established,  the  claim  must  be  supported  by  "argument." 
The  argument  is  then  made  to  fit  the  side.  Little  heed  is  paid 
to  consistency.  Carpenters,  who  claim  plaster  work  because 
carpenters'  hammers  and  nails  are  used  to  fasten  the  blocks 
in  place,  claim  shipbuilding  work  though  the  tools  have  to  be 
quite  different.  Plumbing,  gas  fitting  and  steam  fitting,  each 
had  its  separate  reason  why  its  particular  union  should  exercise 
jurisdiction  over  all  three. 

The  importance  to  the  industrial  world  generally  of  a  settle- 
ment of  these  disputes  is  not  so  great  as  it  is  to  the  interests  of 
unionism.    While  there  are  differences,  the  employer  may  take 


TRADE-UNION  JURISDICTION  405 

advantage  of  them.  They  sometimes  lead  to  strikes.  The 
public  very  naturally  looks  upon  them  as  phases  of  factional 
strife  which  concern  one  union  as  against  another  or  one  group 
of  leaders  in  rivalry  with  another.    In  a  sense  they  are  right. 

Unionism's  Problem.  —  It  is  a  problem  for  unionism  itself 
to  settle.  Outsiders  as  arbitrators  cannot  settle  anything.  Not 
much,  if  indeed  anything  more  than  a  temporary  adjustment, 
was  settled  when  Judge  Gaynor  decided  that  metal  trim  and 
doors  should  lie  within  the  jurisdiction  of  carpenters.  A  com- 
mittee of  architects  in  Chicago  said  that  in  case  of  the  con- 
struction of  the  Northwestern  Depot  the  imitation  marble 
should  be  set  by  the  marble  workers  and  not  by  the  plasterers. 
The  Hon.  Seth  Low  decided  that  the  installing  of  thermostats, 
regulating  the  heating  apparatus,  belonged  to  plumbers  and 
not  to  the  steam  fitters. 

So  long  as  the  differences  exist,  the  employer  will  seek  to 
take  advantage  of  them.  Different  wage  scales  may  exist  and 
the  cheaper  workmen  may  be  fully  competent  to  do  the  work. 
The  employer  can  hire  them  and  still  claim  that  his  shop  is 
"union."  If  one  group  strikes,  the  employer  may  hire  union 
substitutes  and  in  that  case  one  union  "scabs"  on  another.  In 
one  case  a  contractor  employed  pointers  to  point  up  the  walls 
after  the  bricklayers  had  done  their  work.  The  pointers  were 
organized.  The  bricklayers  claimed  jurisdiction  over  pointing, 
struck  the  job  to  compel  the  discharge  of  the  pointers,  won  the 
strike,  compelled  the  employer  to  pay  the  higher  bricklayer's 
wage  for  the  pointing  work,  and  established  their  case  in  court 
as  a  "lawful"  strike. 

Its  Ability  to  Solve  it.  —  So  far  as  jurisdictional  disputes  are 
due  to  industrial  evolution,  they  cannot  be  prevented.  Unionism 
must  find  a  way  of  adjusting  them.  The  trade-union  form  of 
organization  does  not  promise  to  do  this  very  effectively.  Prec- 
edent and  tradition  take  a  strong  hold  even  on  unions  of  la- 
borers. Traditional  trade  lines  and  precedents  in  division  of 
work  have  been  rather  firmly  established.  The  unions  do  not 
easily  readjust  themselves.  Conservatism  is  further  strength- 
ened by  the  accumulation  of  large  strike  funds,  of  various  forms 
of  benefit  funds  which  cannot  be  readily  and  equitably  read- 
justed to  rapidly  changing  trade  conditions.  The  least  that 
the  strictly  trade  unions  can  do,  if  they  are  to  adhere  to  the 


406    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

trade  principle  of  organization,  is  to  develop  some  more  effective 
forms  of  federation  or  cooperation  than  has  yet  appeared.  The 
American  Federation  of  Labor  is  itself  a  step  in  this  direction. 
The  five  departments  into  which  it  has  associated  many  of 
its  affiliated  unions  is  a  further  step  toward  the  same  end. 
More  remains  to  be  done.  So  far  as  the  disputes  arise  primarily 
from  changing  trade  lines  that  accompany  evolutionary  changes 
in  industry,  the  only  salvation  in  sight  within  the  hypothesis 
of  trade  unionism  is  an  automatic  part  of  the  internal  organism 
that  shall  work  quickly  and  continuously  for  inter-trade  peace 
and  harmony.  Further  discussion  of  this  phase  would  lead  to 
changes  in  the  structure  of  unionism,  a  topic  dealt  with  a  little 
later. 

So  far  as  jurisdictional  disputes  arise  from  factional  strife 
and  internal  rivalry,  the  remedy  is  easier  to  discover  if  not  sim- 
pler to  apply.  Here  the  one  necessary  element  is  leadership 
and  education.  The  rank  and  file  have  a  large  responsibility  to 
their  own  movement.  They  do  not  appear  fully  to  recognize 
this.  Short-sighted  demands  that  run  counter  to  the  course 
of  industry,  even  though  vigorously  insisted  upon  by  the  ma- 
jority of  a  trade,  can  lead  only  to  trouble.  Failure  lies  ahead 
of  such  groups  of  workers.  One  trade  prospering  at  another's 
expense  cannot  be  justified  on  any  rational  grounds.  The  man 
in  the  ranks  must  see  this. 

Greater  than  the  responsibility  of  the  men  who  follow  is  that 
of  the  leaders.  This  is  not  the  place  to  discuss  trade  union's 
need  for  developing  the  right  kind  of  leadership.  It  is  clear, 
however,  that  many  of  the  disputes  over  jurisdiction  are  due  to 
factional  strife  and  personal  ambition.  Rival  unions  are  gen- 
erally due  to  the  existence  of  personal  rivalries.  Failure  to  de- 
mark  clearly  between  overlapping  or  changing  trades  is  also  too 
frequently  due  to  jealousies  between  leaders,  each  able  to  per- 
suade an  unintelligent  following  that  his  is  the  just  cause.  To 
hear  the  reasons  urged,  the  reflections  cast,  the  personalities 
and  recriminations  expressed  in  some  of  these  discussions  is 
quite  sufficient  to  reveal  selfishness  as  the  cause  of  all  the 
trouble,  if  not  of  all  the  disagreement. 

When  unionism  can  relieve  itself  of  this  last  named  group  of 
causes,  the  way  will  be  open  to  adopt  some  machinery  for  settling 
those  difficulties  that  are  inherent  in  industry.     With  good 


TRADE-UNION  JURISDICTION  407 

leadership  and  intelligent  following  the  way  may  be  open  to 
adopt  Mr.  John  Mitchell's  advice  when  he  says  that  "  the  various 
organizations  claiming  the  same  work  should  be  compelled  to 
submit  the  question  in  dispute  to  the  arbitration  of  technically 
equipped  special  committees  appointed  by  the  American  Fed- 
eration of  Labor.  The  respective  claims  of  the  parties  to  the 
dispute  should  then  be  passed  upon  and  the  award  should  be 
absolutely  final.  The  national  unions  should  support  the  Fed- 
eration in  its  decisions,  and  all  organizations  which  refuse  to 
abide  thereby  should  be  punished  according  to  the  judgment  of 
the  Federation.  It  is  important  that  any  decisions  arrived  at 
should  be  national  and  not  merely  local  in  their  scope,  and  that 
they  should  be  strictly  enforced." 


CHAPTER  XXVI 
INDUSTRIAL  UNIONISM 

In  an  earlier  chapter  the  two  different  principles  of  organiza- 
tion were  pointed  out:  the  one,  the  principle  of  common  interests 
of  all  laborers;  and  the  other,  that  of  trade  or  craft  interest.  On 
the  former  was  built  up  the  Knights  of  Labor.  On  the  latter 
rest  the  American  Federation  of  Labor  and  the  group  of  national 
and  international  trade  unions.  The  Knights  of  Labor  has  an 
interest  now  that  is  historical  only.  The  American  Federation 
of  Labor  with  its  affiliated  trade  unions  represents  the  life  and 
spirit  of  the  American  labor  movement  of  to-day.  But  there 
is  coming  into  prominence  a  third  form  of  union,  the  industrial 
union,  and  this  demands  attention. 

Basis  of  Industrial  Unionism.  —  As  the  name  implies,  its 
basis  of  membership  is  the  common  labor  interest  of  an  industry. 
The  industrial  union  is  the  union  of  the  workmen  of  an  industry. 
Whether  this  be  a  principle  or  not  is  a  question  of  no  great  prac- 
tical importance.  It  may  be  styled  a  new  principle  of  organiza- 
tion, or  it  may  be  classed  as  a  compromise  between  the  broad 
common-interest-of-all-labor  principle  on  the  one  hand  and  the 
much  narrower  trade-or-craft-limitation  principle  on  the  other. 
Whether  the  one  or  the  other,  so  far  as  principle  of  organization 
is  concerned,  the  industrial  union  is  commanding  close  attention 
mainly  for  reasons  purely  practical. 

With  so  influential  a  champion  of  the  strict  trade-union  prin- 
ciple as  the  American  Federation  of  Labor  in  the  field,  industrial 
unionism  has  encountered  strong  opposition.  Yet  its  deter- 
mined advocates  have  persisted  in  the  fight  until  the  issue  has 
become  an  open  one.  Two  strong  national  unions  represent 
conspicuously  the  new  type.  Others  appear  to  be  approaching 
it  in  changes  that  are  being  made,  while  in  still  other  industries 
there  is  turmoil  that  hardly  presents  any  promise  of  being  cleared 
up  except  by  reorganization  on  some  industrial  basis  rather  than 
trade  basis. 

408 


INDUSTRIAL  UNIONISM  409 

Types  of  Industrial  Unionism.  —  The  United  Mine  Workers 
of  America  is  one  of  the  strongest  types  and  champions  of  indus- 
trial unionism.  It  includes  within  its  membership  all  workers 
in  and  around  the  mine.  There  are  no  subdivisions  along  trade 
lines,  no  affiliations  or  alliances  of  trade  groups  into  the  larger 
unions.  All  workmen  without  regard  to  skill,  kind  of  work  or 
age  belong  to  the  local  and  the  locals  form  the  sub-districts,  the 
districts  and  the  international.  That  there  is  a  subdivision  of 
labor  in  mining  becomes  evident  when  one  encounters  a  list  of 
the  various  activities.  Engineer,  fireman,  machinist,  ashman, 
trapper,  barnman,  oiler,  teamster,  blacksmith,  carpenter,  gate- 
man,  inspector,  loader,  culm  driver,  washery  man,  slate  picker, 
braker  boy,  mule  driver,  electrician,  track  layer,  timber  man,  day 
laborer:  these  are  some  of  the  scores  of  different  occupations  in 
and  around  a  coal  mine.  The  various  operations  furnish  to  the 
membership  of  the  United  Mine  Workers  representatives  of 
twenty  different  nations  speaking  as  many  different  languages 
and  dialects.  The  struggle  with  the  engineers  for  control  of  that 
specific  trade  within  the  mines  has  been  referred  to  in  the  dis- 
cussion of  jurisdictional  disputes.  Other  controversies  have 
arisen,  the  present  outcome  being  that  the  miners'  organization 
exercises  unquestioned  jurisdiction  over  all  the  various  divisions 
of  mining  labor.  This  has  not  been  accomplished  without 
opposition,  but  the  nature  of  the  mining  industry  favored  this 
form  of  organization  and  to-day  there  seems  none  to  question 
not  only  the  fact  but  the  advisability  of  industrial  unionism  in 
mines.  The  same  is  true  of  the  Western  Federation  of  Miners. 
Its  avowed  object  is  "to  unite  the  various  persons  working  in 
and  around  the  mines,  mills  and  smelters  into  one  central  body," 
and  this  it  does  very  effectively. 

Similarly  the  brewers  have  extended  their  jurisdiction  until 
the  unit  of  organization  has  become  the  industry.  After  some 
vigorous  fighting  over  jurisdictional  control,  engineers  and 
firemen,  carpenters  and  blacksmiths,  coopers,  teamsters  and 
painters,  in  short  all  who  are  employed  both  in  and  around  brew- 
eries, come  into  the  membership  of  the  locals  of  the  United 
Brewery  Workmen.  The  field  of  the  union  is  the  entire  industry 
and  all  workmen  are  members  of  the  same  locals. 

Mixed  Types.  —  Of  the  industries  in  which  confusion  exists 
and  for  which  some  form  of  industrial  unionism  seems  the  only 


410    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

practical  solution  there  are  several.  One  that  represents  an  ad- 
vanced stage  of  industrialization  is  the  International  Longshore- 
mens  Association.  This  has  directly  affiliated  local  unions  of 
unloaders  of  vessels  and  ships,  grain  elevator  employees,  general 
cargo  dock  laborers,  lumber  inspectors,  tallymen  and  handlers, 
and  others.  It  is  also  a  federation  of  the  following  international 
unions:  Licensed  Tugmens  Protective  Association,  Tug  Firemen 
and  Linemens  Association,  International  Dredge  Workers  Pro- 
tective Association,  International  Rock  Drillers  Association,  and 
the  General  Fishermens  Association.  The  desire  is  to  make  one 
big  industrial  union  of  all  these. 

The  printing  industry  is  being  more  nearly  dominated  by  the 
Typographical  Union.  In  earlier  years  the  tendency  in  this  in- 
dustry was  the  other  way.  The  first  membership  was  of  type 
setters  and  pressmen.  Then  press  work  became  divided  as  a 
separate  trade.  Bookbinding  was  another  division.  Other 
branches  were  set  apart  one  after  another.  Yet  all  were  in  the 
one  union.  One  by  one  separate  unions  came  into  existence 
along  the  lines  of  the  separate  trades.  More  recently,  however, 
the  Typographical  Union  has  been  reaching  out.  They  have 
had  jurisdictional  troubles  with  other  unions.  They  have  won 
their  case  against  the  Machinists.  They  have  as  allied  locals 
some  of  the  German- American  printers,  also  some  of  the  mailers, 
newspaper  writers,  and  type  founders.  They  are  having  mis- 
understandings with  other  trades,  as  the  bookbinders,  pressmen 
and  others.  The  size  and  strength  of  this  organization  give 
them  great  advantage  over  other  trade  unions  in  the  same  in- 
dustry. Because  of  these  the  leaders  are  able  to  adopt  either 
waiting  or  fighting  tactics  as  the  case  seems  to  warrant.  A  dis- 
pute with  the  International  Brotherhood  of  Bookbinders  over 
jurisdiction  arose,  due  to  the  fact  that  the  Typographical  Union 
also  admits  bookbinders  to  its  membership.  "These  men  and 
women,"  says  the  president  of  the  latter  organization  in  his 
annual  report  of  191 5,  "are  entitled  to  and  will  of  course  con- 
tinue to  receive  our  full  protection  in  their  employment  and  in 
their  membership  in  this  union.  When  the  other  parties  to  this 
controversy  are  ready  to  adjust  it  on  an  equitable  basis  the 
officers  of  the  International  Typographical  Union  will  not  keep 
them  waiting."  The  present  policy  in  this  trade  is  the  building 
up  of  an  alliance  between  the  several  independent  and  semi- 


INDUSTRIAL  UNIONISM  41 1 

independent  unions.  The  Allied  Printing  Trades  is  formed  by 
the  alliance  of  the  International  Printing  Press  and  Assistants 
Union,  the  International  Brotherhood  of  Bookbinders,  the  Inter- 
national Stereotypers  and  Electrotypers  Union,  and  the  Inter- 
national Photo-Engravers  Union.  This  may  or  may  not  prove 
to  be  a  step  toward  a  real  industrial  union  in  the  printing  trade. 
The  dominating  Typographical  Union  is  in  a  position  to  guide 
developments  at  present  and  they  are  endeavoring  in  every  way 
to  build  up  the  strength  of  the  Allied  Councils. 

The  meat  packing  industry  affords  another  fertile  field  for 
the  development  of  industrial  unionism.  In  this  industry  there 
have  been  more  than  fifty  different  unions  organized  among 
workers  in  the  Chicago  packing  houses  alone.  These  were 
arranged  in  groups  of  some  ten  or  fifteen  different  national 
trade  unions  affiliated  with  the  American  Federation  of  Labor. 
The  subdivision  of  labor  has  been  extended  to  such  great  lengths 
in  this  industry  that  nothing  worthy  the  name  of  a  trade  re- 
mains. A  few  highly  skilled  operations  supplemented  by  ac- 
tivities of  relatively  unskilled  workingmen  and  women  con- 
stitute the  meat  packing  trade.  If  such  a  group  of  laborers 
is  to  establish  effective  bargaining  power,  the  experience  of  the 
miners  appears  to  many  to  be  the  example  for  them  to  follow. 

Still  another  industry  full  of  confusion  is  that  of  garment 
making.  Lines  of  division  that  were  formerly  fairly  clear  have 
in  recent  times  lost  their  effectiveness.  The  Journeymen  Tailors 
did  the  custom  made  work.  The  ready-made  clothing  industry 
has  been  the  field  for  the  United  Garment  Workers,  itself  a 
combination  of  several  separate  operations  or  trades.  Then 
came  ready-made  garments  for  women.  As  these  have  led  to 
regular  industrial  organizations,  they  have  been  followed  by  the 
laborers  with  their  unions.  Cloaks,  suits  and  skirts;  tailor 
made  garments;  dresses  and  waists;  misses  and  children's  wear; 
wrappers  and  kimonos;  and  white  goods  or  underwear;  each 
in  turn  has  its  separate  organization  of  workers.  These  have 
consolidated  in  the  International  Ladies  Garment  Workers 
Union.  The  history  of  efforts  to  adjust  difficulties  and  make 
a  strong  union  in  this  industry  is  a  long  and  complicated  one. 
Some  reference  has  been  made  to  it  in  another  chapter.  It  has 
given  the  "Protocol,"  the  Sanitary  Board,  the  Preferential 
Union  Shop.    A  recent  effort  to  industrialize  the  trade  has  for 


412    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  present  come  to  naught.  Some  seceding  locals  of  the  United 
Garment  Workers  joined  forces  with  the  Journeymen  Tailors 
Union  and  the  latter  changed  its  name  to  the  Tailors  Industrial 
Union,  claiming  within  its  jurisdiction  all  the  needle  and  gar- 
ment trades.  Though  this  movement  did  not  succeed,  it  still 
appears  that  there  are  elements  present  in  the  garment  industry 
that  invite  further  efforts  along  the  line  of  industrial  unionism. 

In  other  fields  the  case  for  the  industrial  unions  does  not 
seem  quite  so  clear.  In  the  building  trades  there  have  been 
jurisdictional  disputes  without  number.  Trade  lines  cross  and 
recross  in  great  confusion.  Boards  of  delegates  and  building 
trades  councils  in  the  larger  cities  have  sought  to  unite  the  forces 
and  suppress  the  internal  strife.  Success  has  not  been  such  as 
to  encourage  hope  for  the  future.  An  inherent  difficulty  lies 
in  the  fact  that  trades  engaged  in  building  are  also  engaged  in 
other  activities  not  logically  or  practically  classified  within  the 
building  field.  Engineers  who  run  hoisting  engines  also  run 
pumping  engines  for  mines  as  well  as  engines  for  numerous 
industrial  plants.  Carpenters  make  not  only  buildings  but 
furniture,  pianos  and  organs,  carriages  and  wagons. 

From  these  various  illustrations  it  will  appear  that  industrial 
unionism  does  not  find  an  equally  fertile  field  in  all  lines  of  in- 
dustry. Unequal  adaptation  has  fostered  irregular  develop- 
ment.   That  such  will  continue  to  be  the  case  seems  inevitable. 

Reasons  Favorable  to  Industrial  Unionism.  —  The  reasons 
urged  in  favor  of  this  newer  form  of  unionism  are  both  practical 
and  theoretical.  While  the  latter  do  not  carry  so  great  a  weight 
of  influence,  they  are  often  urged.  They  have  a  favorable 
effect  in  some  quarters.  Industries  that  are  made  up  of  many 
trades  with  but  a  small  number  in  each  make  it  quite  impossible 
to  form  strong  trade  locals.  If  formed,  their  interests  attach 
more  directly  to  the  trade  fellows  who  work  elsewhere  than  to 
fellow  workmen  in  the  same  plant.  This  creates  divided  rather 
than  united  interests  among  employees.  Particularly  is  this 
true  when  the  industry  is  isolated  as  is  the  case  in  mining.  The 
laborers  are  remote  from  large  centers  where  unionism  is  more 
active,  and  the  chances  for  association  with  larger  numbers  in 
the  same  organization  are  few. 

Force  of  Practical  Reasons. — But  it  is  the  practical  side  that 
appeals  most  strongly.    Collective  bargaining  with  an  employer 


INDUSTRIAL  UNIONISM  413 

is  more  effectively  carried  on  through  industrial  unionism.  In 
a  miners'  controversy  the  union  feels  much  more  strongly  in- 
trenched if  it  can  control  the  engineers  who  operate  the  pumps. 
Though  they  usually  continue  them  at  work,  there  is  always 
the  possibility  that  they  can  be  called  out.  This  affects  the 
employer  very  directly,  for  by  stopping  the  pumps  the  mines 
are  flooded  and  much  property  is  destroyed  beyond  recovery. 
The  brewers  insist  that  it  is  critical  that  they  control  the  de- 
livery as  well  as  the  preparation  of  their  product.  So  they 
insist  that  teamsters  as  well  as  all  others  join  their  industrial 
union. 

An  advocate  of  industrial  unionism  in  the  textile  industry 
cites  some  real  experience.  There  was  a  recent  strike  among 
union  "cop-packers."  Yet  the  operative  spinners  remained  at 
work  "producing  cops  for  blackleg  cop-packers."  So  also 
"trade  union  carters  carried  them  to  the  station,  trade  union 
railway  men  to  their  destination,  to  be  woven  into  cloth  by 
trade  union  weavers,  and  finished  by  trade  union  bleachers  and 
dyers.  Thus  it  was  not  the  employers,  but  we  .  .  .  fellow  trade 
unionists  in  the  same  industry  .  .  .  who  smashed  the  cop- 
packers'  strike." 

In  the  textile  strikes  of  Lawrence,  Little  Falls,  and  other 
centers,  the  trade  union,  the  United  Textile  Workers  of  America, 
was  severely  criticized  for  having  neglected  to  include  in  its 
membership  the  unskilled  workers  of  the  mills.  This  organiza- 
tion has  combined  to  some  degree  the  different  lines  of  work, 
thus  departing  to  that  extent  from  the  strict  trade  union.  It 
has  limited  its  membership,  however,  to  the  relatively  skilled 
workers.  When  the  trouble  broke  out  it  was  quite  helpless 
before  the  leaders  who  brought  this  neglected  element  together 
in  their  aggressive  organization.  From  the  more  practical 
point  of  view,  the  industrial  unionists  have  a  powerful  argu- 
ment when  they  urge  that  the  workmen  are  much  more  effective 
in  dealing  with  an  employer  when  all  the  working  force  is  com- 
bined under  one  organization  and  one  leadership.  The  force 
of  the  argument  is  apparent. 

Attitude  of  American  Federation.  —  The  attitude  of  the 
American  Federation  of  Labor  toward  industrial  unionism  is 
not  easy  to  state.  Its  acts  and  its  declarations  do  not  look  in 
exactly  the  same  direction.    Founded  as  it  was  on  the  principle 


414    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  trade  unionism  and  successful  to  a  degree  surpassing  any 
previous  effort,  it  is  inevitable  that  the  form  of  organization 
that  seems  to  have  determined  its  survival  against  its  former 
great  rival,  the  Knights  of  Labor,  should  be  held  as  sacred.  This 
principle  the  Federation  has  reiterated  again  and  again.  In- 
dustrial unionism,  it  urges,  savors  of  the  breaking  down  of  trade 
autonomy.  It  looks  again  in  the  direction  of  the  Knights. 
This  is  enough  to  condemn  it.  But  when  some  particular  ap- 
plication of  the  issue  comes  up  for  adjustment,  the  practical 
takes  precedence  over  the  theoretical.  Both  organizations  of 
miners  have  developed  a  high  degree  of  industrial  unionism 
while  residing  under  the  roof  of  the  Federation.  The  brewers 
have  not  suffered  any  serious  reverses  in  their  policy  of  indus- 
trialism, though  members  of  the  Federation  in  good  standing. 
The  Typographical  Union  is  pushing  its  claims  in  the  face  of 
complaints  made  to  the  Federation  by  its  rivals.  In  1901  the 
engineers  working  in  mines  were  seeking  to  retain  their  trade 
relations  against  the  opposition  of  the  miners.  The  Federation 
decreed  that  the  engineers  working  in  mines  should  join  the 
Miners  Union.  The  case  was  made  to  appear  as  an  exception 
rather  than  a  policy,  however.  Reference  in  the  report  was 
made  to  the  "magnificent  growth  of  the  American  Federation 
of  Labor,"  this  being  "conceded  by  all  students  of  Economic 
thought  to  be  the  result  of  organization  on  trade  lines."  It  was 
declared  that  "as  a  general  proposition,  the  interest  of  the 
workers  will  be  best  conserved  by  adhering  as  closely  to  that 
doctrine  as  the  recent  great  changes  in  the  method  of  production 
and  employment  make  practicable."  This  last  statement  paves 
the  way  to  the  exception.  It  is  then  admitted  that  "owing  to 
the  isolation  of  some  few  industries  from  thickly  populated 
centers,  where  the  overwhelming  number  follow  one  branch 
thereof,  and  owing  to  the  fact  that  in  some  industries  compara- 
tively few  workmen  are  engaged  over  whom  separate  organiza- 
tions claim  jurisdiction,  we  believe  that  the  jurisdiction  in  such 
industries  by  the  paramount  organization  would  yield  the  best 
results  to  the  workers  therein;  at  least  till  the  development  of 
organization  of  each  branch  has  reached  a  stage  wherein  these 
may  be  placed  without  material  injury  to  all  parties  in  interest 
in  affiliation  with  their  national  trade  unions."  The  Coal  Hoist- 
ing Engineers  refused  to  accept  this  decision  of  the  Federation 


INDUSTRIAL  UNIONISM  415 

in  favor  of  the  United  Mine  Workers.  Upon  this  the  Federa- 
tion expelled  them  from  its  membership. 

Again  in  1903,  the  convention  of  the  Federation  had  the  ques- 
tion to  consider.  Again  the  trade  principle  was  strongly  pro- 
nounced. President  Gompers  asserted  that  the  movement 
toward  industrial  unionism  "is  perversive  of  the  history  of  the 
labor  movement,  runs  counter  to  the  best  conceptions  of  the 
toilers'  interests  now,  and  is  sure  to  lead  to  the  confusion  which 
precedes  dissolution  and  disruption."  In  1904  a  committee  of 
which  Mr.  Gompers  and  Mr.  John  Mitchell  were  both  members 
again  reasserted  the  principle  but  again  admitted  the  practica- 
bility of  making  exceptions  to  meet  special  needs. 

The  Federation  does  not,  however,  yield  to  every  attempt 
to  industrialize  an  organization.  Evidence  of  this  appears  in 
the  recent  issue  between  the  tailors  and  the  garment  makers  to 
which  reference  has  already  been  made.  Certain  locals  had 
withdrawn  from  the  United  Garment  Workers  of  America. 
The  Journeymen  Tailors  Union  had  by  referendum  vote 
decided  to  change  its  name  to  Tailors  Industrial  Union. 
They  also  changed  their  membership  requirements  so  as  to 
include  all  needle  and  garment  trades.  They  made  an  alliance 
with  the  seceders  above  mentioned,  who  claimed  to  be  the 
real  United  Garment  Workers  organization.  This  gave  the 
right  to  use  the  union  label  of  that  organization.  As  the  con- 
stitution of  the  American  Federation  forbids  any  affiliated 
organization  to  change  its  title  or  extend  its  jurisdiction  without 
first  receiving  the  approval  of  the  Federation,  the  Federation 
immediately  became  concerned.  At  the  1914  convention  the 
Tailors  were  instructed  to  rescind  the  action  as  to  name  and 
jurisdiction  and  return  to  their  former  status.  The  membership 
of  the  Journeymen  Tailors  was  about  12,000  while  that  of 
the  United  Garment  Workers  was  about  60,000,  with  about 
70,000  more  in  the  other  trades  included  in  the  International 
Ladies  Garment  Workers  Union.  The  Federation  was  actively 
supported  by  the  United  Garment  Workers  Union  whose  officials 
strongly  opposed  the  effort  to  usurp  its  jurisdiction  by  a  few 
"would-be  leaders"  from  among  seceders,  and  further  roundly 
denounced  such  a  "dastardly  attempt  to  disrupt  and  destroy 
a  bona  fide  labor  union  which  has  been  of  such  great  benefit 
to  the  workers  in  the  men's  clothing  industry."    Through  the 


416    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

energetic  measures  of  the  Federation  by  its  Executive  Council 
this  attempt  at  industrial  unionism  in  the  needle  trades  has 
been  frustrated.  That  the  outcome  was  one  of  purely  practical 
considerations  is  clear  from  the  fact  that  the  numbers  on  the 
one  side  were  largely  preponderant  and  that  the  initial  move 
was  made  by  an  organization  in  a  trade  the  relative  importance 
of  which  is  waning.  Though  refusing  to  sanction  the  arrange- 
ments made,  the  Executive  Council  did  report  it  as  their  belief 
that  some  form  of  closer  alliance  ought  to  be  brought  about 
among  the  various  branches  of  this  trade. 

Industrial  unionism  is  usually  brought  before  the  annual 
convention  of  the  Federation  in  such  a  way  as  to  force  a  test 
vote  in  an  endeavor  to  commit  the  Federation  to  the  policy. 
At  the  1914  convention  two  resolutions  were  introduced.  One 
was  presented  by  the  National  Brotherhood  of  Operative  Potters 
and  was  as  follows: 

"Whereas,  The  various  National  and  International  Unions 
affiliated  with  the  American  Federation  of  Labor  have  complete 
autonomy  over  their  respective  crafts;  and 

"Whereas,  Under  this  system  of  organization  there  has  been 
no  end  to  the  number  of  disputes  over  the  question  of  jurisdic- 
tional rights;  and 

"Whereas,  All  such  disputes  could  be  prevented  by  having 
the  workers  of  all  crafts  in  an  industry,  under  the  jurisdiction 
of  one  organization;  therefore,  be  it 

"Resolved,  That  the  American  Federation  of  Labor  go  on 
record  in  favor  of  organization  by  industry,  and  take  whatever 
steps  may  be  necessary  to  bring  about  such  change." 

Another  set  of  resolutions  was  presented  by  the  delegate 
representing  the  Illinois  Federation  of  Labor.  It  had  been 
adopted  by  the  State  Federation  and  was  introduced  at  the 
latter's  instructions.    It  was  in  the  following  form: 

"Whereas,  The  lines  are  being  closely  drawn  between  capital 
and  labor;  the  capitalists  of  the  country  have  organized  the 
National  Manufacturers'  Association  and  other  large  employers' 
organizations,  very  compact,  cohesive  bodies,  having  for  their 
purpose  the  destruction  of  the  trades  union  movement,  and, 
realizing  that  in  unity  there  is  strength;  therefore,  be  it 

"Resolved,  That,  in  order  to  combat  these  compact  and 
powerful  organizations  of  employers  of  labor,  this  convention 


INDUSTRIAL  UNIONISM  417 

endorses  and  adopts  the  plan  of  organization  by  industries 
instead  of  by  crafts,  which  often  divides  the  forces  of  labor, 
and  that  the  officers  of  the  State  Federation  be  instructed 
to  use  every  effort  to  influence  and  mold  sentiment  along  these 
lines;  and  be  it  further 

"Resolved,  That  the  delegate  from  the  Illinois  Federation 
of  Labor  to  the  A.  F.  of  L.  be  instructed  to  use  his  vote  and 
influence  for  the  industrial  form  of  organization." 

Neither  of  these  resolutions  was  adopted.  They  served  a 
purpose,  however,  in  affording  the  industrialists  in  the  conven- 
tion an  opportunity  to  agitate  the  question. 

Illustration  of  Agitation :  Metal  Trades.  —  A  matter  of  in- 
terest during  the  summer  of  191 5  was  the  discussion  of  an  amal- 
gamation project  in  the  metal  trades.  It  appears  to  have  been 
started  by  the  Machinists  Union  in  19 14  when  the  officers 
and  business  agents  of  that  organization  met  informally  and 
discussed  the  advisability  of  such  a  change.  The  conference 
drafted  a  resolution  in  the  following  form  and  presented  it 
for  consideration: 

"Whereas,  The  introduction  of  modern  machinery  and 
methods  of  doing  work  are  rapidly  bringing  a  number  of  the 
metal  crafts  so  closely  together  that  it  is  practically  impossible 
to  define  the  line  of  demarkation  in  relation  to  the  jurisdiction 
of  said  crafts;  and 

"Whereas,  We  believe  that  it  is  not  only  possible,  but  entirely 
feasible,  to  bring  about  the  amalgamation  of  a  number  of  said 
organizations;  and 

"Whereas,  We  believe  that  said  amalgamation  can  be  per- 
fected by  establishing  a  district  or  divisional  form  of  organiza- 
tion working  under  one  general  constitution  and  one  set  of 
general  officers,  and  by  granting  to  each  district  or  division 
the  right  of  self-government  to  the  fullest  possible  extent,  sub- 
ordinate to  the  constitution  of  the  Grand  Lodge;  therefore, 
be  it 

"Resolved,  That  this  conference  go  on  record  as  recommend- 
ing that  the  International  President  and  G.  E.  B.  (General 
Executive  Board)  immediately  proceed  to  take  a  referendum 
vote  on  this  resolution  and  get  in  touch  with  the  general  officers 
of  the  following  organizations,  with  this  object  in  view:  Machin- 
ists,  Boilermakers,   Blacksmiths,   Brass   Workers   and   Metal 


418    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Polishers,  Sheet  Metal  Workers,  Iron  Workers,  Electricians, 
Plumbers  and  Steam  Fitters,  Elevator  Constructors  and  the 
Machinists  now  members  of  the  Carpenters  and  Joiners;  and 
be  it  further 

"Resolved,  That  in  the  event  any  one  or  more  of  the  organi- 
zations being  agreeable  to  said  plan  of  amalgamation,  the 
executive  officers  shall  proceed  to  work  out  such  plan  of  amal- 
gamation with  the  favorable  organizations  at  the  earliest  possible 
date,  and  that  the  above  mentioned  organizations  be  requested 
to  publish  the  report  of  this  committee  and  this  resolution  in 
their  monthly  journals." 

These  resolutions  were  ratified  by  a  referendum  vote  of  the 
Machinists  Union  and  sent  to  the  officials  of  the  other  metal 
trades.  It  has  not  met  with  general  enthusiasm  though  the 
different  trades  are  still  considering  it.  The  Boilermakers 
Union  through  its  Executive  Board  adopted  strong  resolutions 
against  amalgamation.  Several  reasons  were  stated.  "First, 
Past  experiences  have  taught  us  that  such  an  organization  can- 
not be  made  a  success.  Second,  We  believe  that  our  present 
forms  of  organization  will  meet  all  the  requirements  of  the 
workers,  namely:  The  metal  trades  department  of  the  A.  F.  of 
L.,  the  railway  department  of  the  A.  F.  of  L.,  and  the  system 
federation,  when  perfected.  .  .  .  We  believe  that  all  true  trade 
unionists  should  lend  their  undivided  support  to  the  present 
form  of  organization  rather  than  to  encourage  new  and  untried 
forms  and  thereby  retard  our  progress." 

Discussion  by  Molders.  —  The  Molders  Union,  though  not 
included  in  the  list  named  in  the  Machinists'  resolutions,  be- 
came involved  in  the  discussion.  A  Molders'  local  secured  the 
second  to  its  motion  by  the  requisite  nine  locals  and  forced  a 
referendum  upon  the  members  of  that  union.  Here  again  the 
officers  were  opposed  to  the  amalgamation  and  judging  from 
the  various  letters  contributed  to  the  discussion  there  was  a 
division  of  opinion  in  the  membership.  In  the  discussions 
there  appeared  the  usual  line  of  argument  on  each  side.  One 
side  represented  by  "A  Member  for  Forty  Years"  writes  that 
"The  molders  of  this  country  can  point  with  pardonable  pride 
to  their  acheivements.  Since  1859  our  old  banner  has  never 
touched  the  ground.  We  have  fought  the  good  fight,  lost  and 
won  our  battle,  but  have  never  been  discredited.     We  have 


INDUSTRIAL  UNIONISM  419 

built  up  an  organization  that  extends  to  all  parts  of  the  molding 
industry,  from  the  Gulf  of  Mexico  to  the  northern  end  of  civili- 
zation." Another  appeals  to  the  practical  difficulties  of  such 
an  amalgamation.  "The  more  skilled  a  group  of  workmen 
become,  a  greater  number  of  purely  craft  questions  arise  which 
only  men  of  their  craft  are  competent  to  decide.  The  molder 
would  be  no  more  competent  to  pass  upon  a  question  of  what 
caused  a  poor  weld  than  the  blacksmith  would  be  to  point  out 
the  cause  of  the  warping  or  cracking  of  a  casting.  The  electrical 
worker  would  be  no  more  competent  to  determine  who  was 
to  blame  if  a  boiler  leaked  than  a  boilermaker  would  be  in 
endeavoring  to  place  the  responsibility  for  a  faulty  insulation. 
The  disputes  which  arise  between  employers  and  mechanics 
over  technical  trade  matters  are  far  more  numerous  than  all 
others  put  together." 

On  the  other  hand,  it  was  urged  that  many  of  the  unions  are 
already  amalgamations  and  that  the  proposed  larger  one  is 
but  another  step  in  the  same  direction.  The  core  makers  have 
been  absorbed  by  the  molders.  The  Molders  Union  includes 
machinery  molders,  stove  molders,  brass  molders,  bench  molders 
as  well  as  core  makers,  and  each  of  these  is  becoming  more  and 
more  a  separate  craft  or  trade.  With  such  an  amalgamation 
as  proposed  there  would  be  no  longer  any  "fear  of  union  pattern 
makers  making  patterns  for  the  molders  who  take  our  places 
when  on  strike  or  of  union  machinists  finishing  the  castings 
made  by  struck  shops."  Some  go  even  further  and  urge  that 
foundry  laborers  should  be  taken  in  as  members.  "  How  often," 
it  is  argued,  "  the  helpers  and  laborers  in  the  foundry  have  been 
used  to  break  the  strikes  of  the  molders,  while  if  they  had  been 
amalgamated  with  the  I.  M.  U.  they  would  have  been  out 
with  the  molders  fighting  in  the  union's  cause."  The  vote  cast 
on  this  referendum  was  1,946  in  favor  of  amalgamation  and 
10,758  against,  showing  a  majority  of  8,812  opposed  to  the  pro- 
posed plan  of  amalgamation. 

The  Cigar  Makers. — The  Cigar  Makers  International  Union 
at  its  last  convention  was  called  upon  to  consider  resolutions 
favoring  industrial  unionism.  The  result  was  a  pronounced  de- 
feat for  the  industrial  advocates.  A  strong  set  of  resolutions  was 
adopted  setting  forth  in  elaborate  form  the  position  of  this  union. 
The  American  trade-union  movement,  it  was  declared,  is  one  of 


420    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

constant  growth,  development  and  expansion.  The  American 
Federation  of  Labor  has  been  the  most  beneficial  organization, 
furthering  in  every  practical  way  the  "unity,  solidarity  and 
fraternity  of  the  organized  workers"  and  stimulating  "closer 
cooperation,  federation,  and  amalgamation  of  existing  trade 
unions."  The  policy  was  endorsed  of  forming  central  bodies, 
state  federations,  and  industrial  departments  for  federation  and 
cooperation.  Further,  the  resolutions  declared  that  "there  is 
still  much  to  do,"  but  they  "repudiate  the  insinuation  which  is 
implied  by  the  term  Industrial  Unionism  as  it  is  employed  in 
antagonism  to  Trade  Unionism."  "The  advocates  of  so-called 
Industrial  Unionism  imply  in  their  slogan  that  the  trade  unions 
are  rigid  and  do  not  advance,  develop  or  expand,  whereas  the 
whole  history  of  the  trade-union  movement  in  the  past  thirty 
years  has  demonstrated  beyond  contradiction  that  there  is  not 
a  day  which  passes  in  the  trade-union  movement  in  America  but 
which  witnesses  the  highest  and  loftiest  spirit  of  sacrifice  in  order 
to  cooperate  with  our  fellow  workers  for  their  interest  and  com- 
mon uplift."  Finally  the  delegates  of  the  organization  to  future 
conventions  of  the  American  Federation  of  Labor  were  instructed 
"to  continue  to  do  all  in  their  power  to  have  the  work  of  more 
thoroughly  organizing  the  unorganized  workers  pursued  to  its 
fullest  extent;  to  urge  upon  the  organized  workers  a  more 
thorough  cooperation;  to  advocate  amalgamation  of  organiza- 
tions of  kindred  trades  and  callings  to  a  more  thorough  federa- 
tion of  all  organized  labor." 

This  attitude  is  made  more  clear  in  its  practical  phase  by  the 
announcement  of  an  amalgamation  of  the  National  Stogie 
Makers  League  and  this  same  Cigar  Makers  International 
Union.  This  was  effected  through  the  agency  of  the  Executive 
Council  of  the  American  Federation  of  Labor.  Terms  were 
agreed  to  by  the  joint  conference  by  which  the  members  of  the 
Stogie  Makers  League  were  to  be  admitted  to  the  Cigar  Makers 
Union  without  the  payment  of  an  initiation  fee,  provided  the 
local  unions  of  stogie  makers  place  their  funds  in  the  general 
funds  of  the  International  Union.  Those  who  favor  industrial 
unionism  will  claim  that  this  is  a  distinct  step  toward  that  goal, 
while  the  trade-union  advocates  will  explain  it  as  nothing  more 
than  a  closer  union  or  even  an  amalgamation  purely  in  the 
interests  of  the  trade.    Whichever  it  may  be,  the  change  is  clearly 


INDUSTRIAL  UNIONISM  421 

a  step  in  the  direction  of  fewer  unions  and  more  clearly  defined 
jurisdiction  within  an  industry.  Stogies,  cheroots,  tobies  and 
cigars  all  come  now  within  the  control  of  the  Cigar  Makers 
Union.  The  National  Stogie  Makers  League  on  the  date  fixed 
"automatically  disbands  and  ceases  to  exist  as  such."  The  laws 
of  the  Cigar  Makers  Union  govern  "all  local  unions  and  mem- 
bers, regardless  of  the  branch  of  industry  of  which  they  are  made 
up  or  in  which  they  are  employed."  "All  properties  and  funds 
of  the  National  Stogie  Makers  League  (not  otherwise  deter- 
mined by  the  agreement)  shall  be  forwarded  to  the  headquarters 
of  the  Cigar  Makers  International  Union." 

Will  Industrial  Unionism  Become  General?  —  It  appears 
that  industrial  unionism  has  received  a  new  impetus.  Whether 
or  not  it  is  to  become  general  is  a  matter  of  prophecy  rather  than 
description.  It  has  been  shown  that  a  few  unions  are  now  or- 
ganized on  the  basis  of  industrialism.  In  other  instances  there 
are  distinct  tendencies  in  that  direction.  It  should  not  be  taken 
to  mean,  however,  that  the  future  will  see  a  general  movement  in 
the  ranks  of  all  unionism  toward  the  industrial  basis  of  organiza- 
tion. There  is  too  great  variety  in  the  interests  and  the  activ- 
ities of  the  various  trade  unions  to  justify  one  in  expecting  this. 
For  some  time  to  come  the  trade  autonomists  will  in  most  of  the 
unions  hold  their  own.  The  appeal  to  the  past  is  still  made  with 
moving  effect.  "  It  is  all  well  and  good,"  runs  one  of  the  appeals, 
"for  some  of  the  young  fellows  who  have  come  into  this  organiza- 
tion with  conditions  that  were  never  dreamed  of  years  ago,  but 
which  thousands  of  us  old  codgers  have  been  fighting  all  our 
lives  to  obtain,  and  it  comes  with  poor  grace  for  others  to  propose 
giving  away  that  which  they  never  sacrificed  for,  but  which  we 
fought  so  hard  to  obtain,  and  I  am  quite  satisfied  that  the  old 
members  of  our  organization,  and  there  are  thousands  yet  in  the 
fold,  who  will  never  under  any  circumstances  permit  that  which 
our  sires  and  we  have  fought  for  to  be  given  away  by  those  who 
cannot  realize  the  sacrifices  we  made.  We  were  out  on  the  firing 
line  and  fighting  ofttimes  without  the  wherewithal  to  keep  our 
stomach  and  backbone  apart  before  (this  young  group)  was  ever 
dreamed  of,  and  what  we  fought  and  won  and  have  we  will  not 
let  those  who  came  in  and  inherited  give  away."  Such  sentiment 
is  of  course  natural  and  the  frequency  of  its  expression  in  various 
forms  indicates  clearly  that  there  are  conservatives  as  well  as 


422     AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

progressives  within  the  ranks  of  organized  labor.  The  old 
struggle  with  the  Knights  of  Labor,  the  skill  and  diplomacy  that 
have  been  necessary  in  building  up  an  American  Federation  of 
Labor  made  up  of  affiliated  and  autonomous  national  trade 
unions  have  left  a  deep  and  lasting  impression  in  the  minds  of  the 
older  men  among  the  leaders.  Trade  autonomy,  to  them,  is 
synonymous  with  the  very  existence  and  perpetuity  of  the  labor- 
union  movement. 

Position  of  Trade  Union  Advocates.  —  Endorsing  the  posi- 
tion that  the  trade  autonomist  takes  are  some  very  real  facts  of 
industry.  The  various  organizations  have  divergent  as  well  as 
common  interests.  Skilled  crafts  and  unskilled  workmen  have 
rivalries,  competitions  and  other  differing  interests.  The  un- 
skilled workman  may  be  looking  for  promotion.  The  skilled  does 
not  want  his  position  open  to  such  competition.  Skilled  workers 
may  aim  to  secure  increases  of  wages  even  at  the  expense  of 
their  less  skilled  associates  in  the  industry.  Or  the  unskilled  may 
be  plotting  for  independent  wage  increases.  Union  dues  cannot 
be  paid  with  equal  ease  by  both  classes.  Benefit  funds  of  various 
sorts  can  be  adjusted  to  different  ages  and  different  risks  only 
with  the  most  complex  arrangements.  Strikes  in  sympathy  are 
not  cordially  entered  upon.  There  are  undoubtedly  aristocrats 
among  laborers,  and  human  nature  asserts  itself  here  in  very 
much  the  usual  way.  Self-interest  first  and  altruism  second 
takes  the  form  of  trade  or  craft  first  and  labor  second. 

Position  of  Industrial  Union  Advocates.  —  The  industrial 
unionists  are  aggressive  and  urge  their  cause  with  great  practical 
force.  Experience  to  them  is  a  thorough  teacher.  They  point 
to  union  firemen  working  for  non-union  locomotive  engineers 
and  union  engineers  teaching  strike-breaking  locomotive  firemen 
to  fire  locomotives.  In  the  strike  of  meat  packers  in  the  summer 
of  1904  the  engineers  and  firemen  remained  at  work  keeping  the 
refrigerating  plant  "alive"  to  preserve  the  abundant  stock  of 
meat  on  hand.  They  were  asked  to  leave  the  job,  but  by  the 
time  they  had  referred  the  request  to  their  own  union  officials 
and  had  finally  secured  permission  to  strike,  the  employers  had 
provided  for  others  to  take  their  places.  The  strike  was  lost  and 
the  Amalgamated  Meat  Cutters  and  Butcher  Workmen  have  al- 
ways insisted  that  the  failure  was  due  to  the  lack  of  cooperation 
on  the  part  of  the  engineers  and  firemen.    In  the  more  detailed 


INDUSTRIAL  UNIONISM  423 

account  of  the  events  connected  with  the  meat  packing  industry, 
the  point  has  been  still  more  forcibly  made  by  the  industrialists. 

"The  meat  wagon  drivers  of  Chicago  were  organized  in  1902. 
They  made  demands  for  better  pay  and  shorter  hours.  Un- 
checked by  any  outside  influence  they  walked  out  on  strike. 
They  had  the  support  of  all  other  workers  in  the  packing  houses. 
They  won.  But  before  they  resumed  work  the  big  packing  firms 
insisted  that  they  enter  into  a  contract.  They  did.  In  that 
contract  the  teamsters  agreed  not  to  engage  in  any  sympathetic 
strike  with  other  employees  in  the  plants  or  stockyards.  Not 
only  this,  but  the  drivers  also  decided  to  split  their  union  into 
three.  They  then  had  the  Bone  and  Shaving  Teamsters,  the 
Packing  House  Teamsters,  and  the  Meat  Delivery  Drivers. 

"Encouraged  by  the  victory  of  the  teamsters,  the  other 
workers  in  the  packing  houses  then  started  to  organize.  But 
they  were  carefully  advised  not  to  organize  into  one  body,  or  at 
the  best  into  one  National  Trades  Union.  They  had  to  be  di- 
vided up,  so  that  the  employers  could  exterminate  them  all 
whenever  opportunity  presented  itself. 

"Now  observe  how  the  dividing-up  process  worked.  The 
teamsters  were  members  of  the  International  Union  of  Team- 
sters. The  engineers  were  connected  with  the  International 
Union  of  Steam  Engineers.  The  firemen,  oilers,  ash-wheelers 
were  organized  in  the  Brotherhood  of  Stationary  Firemen.  Car- 
penters employed  in  the  stock  yards  permanently  had  to  join  the 
Brotherhood  of  Carpenters  and  Joiners.  The  pipe  and  steam 
fitters  were  members  of  another  national  union.  The  sausage 
makers,  the  packers,  the  canning  department  workers,  the  beef 
butchers,  the  cattle  butchers,  the  hog  butchers,  the  bone  shavers, 
etc.,  each  craft  group  had  a  separate  union.  Each  union  had 
different  rules,  all  of  them  not  permitting  any  infringements  on 
them  by  others.  Many  of  the  unions  had  contracts  with  the 
employers.  These  contracts  expired  at  different  dates.  Most 
of  the  contracts  contained  the  clause  of  no  support  to  others 
when  engaged  in  a  controversy  with  the  stock  yard  com- 
panies." 

It  is  needless  to  point  out  further  illustrations  of  this  situation. 
There  can  be  no  doubt  that  the  industrial  unionists  make  a 
strong  point  in  showing  this.  It  is  not  alone  lack  of  cooperation. 
It  is  the  use  of  one  trade  union  to  defeat  the  ends  of  another. 


424    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Not  only  would  strikes  be  more  effective,  claim  the  indus- 
trialists, but  boycotts  could  be  pushed  with  greater  vigor.  When 
the  typesetters  were  pushing  a  boycott  of  a  paper  and  urging 
readers  not  to  buy,  the  pressmen  would  agree  with  them  instead 
of  placing  their  endorsement  on  a  product  that  other  workmen 
were  condemning  as  non-union.  So  with  the  support  of  the 
union  label.  And  still  further,  it  is  urged  that  the  questions  of 
promotion  would  be  more  easily  adjusted:  —  firemen  to  en- 
gineers, trainmen  to  conductors,  hod  carriers  to  masons,  black- 
smiths helpers  and  others;  all  these  now  afford  opportunities  for 
discord  where  harmony  should  prevail. 

The  membership  of  the  American  Federation  of  Labor  con- 
tains a  strong  minority  of  those  in  favor  of  industrial  unionism. 
This  minority  is  active,  vigilant  and  seems  to  be  growing  in 
numbers.  More,  rather  than  less,  will  be  heard  of  industrial 
unionism. 

Conclusions.  —  It  does  not  appear  that  it  will  be  the  prevail- 
ing type,  however.  The  solution  is  being  slowly  worked  out  in  an 
experimental  way  and  changes  are  constantly  occurring.  Al- 
ready there  is  coming  into  currency  the  new  phrase  "amalgama- 
tion of  related  trades."  This  means  compromise  so  far  as  it 
represents  the  struggle  between  the  trade  and  the  industrial 
unionist.  It  means  also  better  adjustment  and  more  effective 
working  relations  in  cases  where  the  common  interests  dominate 
over  the  rivalries.  Amalgamation  is  used  with  varying  shades 
of  meaning.  The  industrialist  uses  it  as  representing  essentially 
the  idea  for  which  he  stands.  The  trade  autonomists,  on  the 
contrary,  freely  talk  about  amalgamation  while  vigorously 
denouncing  industrialism.  In  this  field  of  constant  change  it  is 
not  so  much  the  name  as  it  is  the  fact  that  is  of  greatest  im- 
portance. A  closer  union  upon  some  practical  working  basis  of 
trade  workers  who  now  find  themselves  at  a  disadvantage  in 
collective  bargaining  because  of  rivalries  is  quite  sure  to  go  for- 
ward. To  apply  only  so  radical  a  remedy  as  is  necessary  to 
effect  a  cure  is  on  the  whole  a  wise  policy.  Hence  exist  city 
centrals,  state  federations,  trade  councils,  and  trade  depart- 
ments, as  means  of  bringing  about  cooperation.  In  some  lines 
these  succeed  and  so  they  are  sufficient.  In  other  fines  they  are 
not  enough.  Therefore  something  else  must  be  done.  Amal- 
gamation is  more  radical  but  it  becomes  necessary.    Where  this 


INDUSTRIAL  UNIONISM  425 

in  turn  proves  ineffective,  still  stronger  measures  are  inevitably 
suggested.  As  necessity  seems  to  require  it,  they  will  be  adopted. 
This  will  mean  no  sudden  or  universal  shifting  from  trade  to 
industrial  unionism.  There  will  be  irregular  changes,  and 
these  will  come  in  each  line  separately  as  expediency  seems  to 
demand. 


CHAPTER  XXVII 
REVOLUTIONARY  INDUSTRIAL  UNIONISM 

The  arrangement  of  the  present  chapter  following  the  two 
previous  ones  may  suggest  that  this  one  is  to  treat  of  industrial 
unionism  carried  a  step  farther.  It  is,  in  fact,  that,  but  it  is 
more.  The  step  farther  leads  into  new  fields  of  very  different 
fertility  yielding  a  product  that  is  quite  strange.  Revolutionary 
industrial  unionism  is  the  name  of  a  movement;  the  Industrial 
Workers  of  the  World,  the  name  of  an  organization;  and  Syn- 
dicalism, of  a  philosophy.  All  three  of  these  one  finds  strangely 
compounded  into  a  mixture  which  if  not  entirely  new,  has  some 
new  features  and  many  strange  ones. 

To  the  casual  observer  it  may  have  appeared  that  ten  years 
ago  there  suddenly  sprang  into  existence  a  new  thing  made  out  of 
whole  cloth  and  never  before  dreamed  of  by  man.  The  Industrial 
Workers  of  the  World  was  a  surprise  to  many  in  1905,  its  first 
appearance,  and  has  been  a  continuous  surprise  to  some  ever 
since.  As  a  matter  of  fact  this  new  organization  has  its  place  in 
the  development  of  events  and  this  development  constitutes  a 
chain  with  related  links  extending  both  forward  and  back.  It 
will  be  convenient  to  speak  of  the  organization  first,  the  philos- 
ophy next,  and  then  the  movement. 

The  Organization.  —  It  has  been  shown  in  a  former  chapter 
that  there  are  many  phases  or  varieties  of  industrial  unionism. 
Many  experiments  have  been  made  and  many  adjustments 
tried  for  the  purpose  of  finding  its  best  form.  Some  have  felt 
that  there  must  be  a  form  that  could  be  generalized  and  adapted 
to  all  industry.  This  effort  has  led  to  some  interesting  experi- 
ments. 

New  Line-up  of  Forces.  —  There  was  in  the  last  years  of  the 
nineteenth  century  an  important  change  in  the  line-up  of  indus- 
trial forces.  A  new  struggle  was  opening.  While  the  initial 
events  in  the  career  of  the  Industrial  Workers  of  the  World 
appeared  to  many  as  the  first  outbreak  of  this  new  situation,  it 

426 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  427 

cannot  be  properly  understood  as  the  disconnected  appearance 
of  a  new  movement.  The  feeling  on  which  it  was  based  was 
manifest  in  introductory  events. 

Beginnings.  —  The  strength  of  the  Knights  of  Labor  was 
passing.  Its  successful  rival,  the  American  Federation  of  Labor, 
was  steadily  increasing  its  influence.  This  may  be  interpreted  as 
the  passing  of  the  labor  union  and  the  rise  of  the  trade  union.  Yet 
it  was  not  so  simple  as  that.  There  were  groups  of  active  union 
men  who  could  find  no  place  in  the  trade-union  scheme.  They 
were  not  the  kind  to  disband  because  of  this.  Industrial  union- 
ism presented  the  way  out  and  they  seized  upon  it.  The  brewery 
workers  in  1887  changed  their  name  from  the  Brewers  Union  to 
the  National  Union  of  United  Brewery  Workmen  and  insisted 
upon  including  in  the  membership  all  who  worked  in  the  brew- 
eries, regardless  of  special  trades.  Thus  it  became  a  pure  indus- 
trial union. 

In  1893  was  formed  the  Western  Federation  of  Miners,  an 
organization  that  has  taken  a  prominent  place  in  labor  activities 
in  the  west.  Its  membership  was  made  up  from  among  the 
hardy  pioneers  largely  of  native  American  stock,  possessed  of  a 
high  degree  of  independence  and  aggressiveness.  They  embodied 
a  new  spirit  of  unionism  combining  the  industrial  form  of 
organization  with  strong  socialist  tendencies  and  a  determination 
to  take  a  part  in  politics. 

As  a  party  the  Socialists  had  been  making  eager  efforts  to 
dominate  both  the  Knights  of  Labor  and  the  American  Federa- 
tion of  Labor.  Failing  in  this,  the  leaders  of  the  Socialist  Labor 
Party,  in  1895,  brought  into  existence  a  labor  organization  that 
would  be  socialist  in  spirit.  This  was  named  the  Socialist  Trade 
and  Labor  Alliance  and  it  did,  in  fact,  work  in  close  cooperation 
with  the  Socialist  Labor  Party. 

Other  events,  too,  were  exercising  a  very  real  influence.  The 
Homestead  strike  of  1892,  the  Cceur  D'Alene  strike  in  1893  and 
the  Pullman  strike  in  1894  left  deep  impressions.  Court  activity 
in  freely  granting  injunctions  to  employers  who  were  seeking  to 
resist  strikes  and  break  boycotts,  legislation  of  a  restricted 
character  and  cases  against  unions  successfully  prosecuted  at 
court;  these  are  some  of  the  developments  that  shaped  the  tem- 
per of  the  more  aggressive  labor  leaders  and  incited  them  to 
more  vigorous  measures. 


428    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Coming  together  in  larger  groups  the  leaders  in  1898  formed 
the  Western  Labor  Union,  from  among  the  large  numbers  of 
unskilled  laborers.  This  new  organization  was  dominated  by 
the  spirit  of  the  Western  Federation  of  Miners,  a  "new  type"  of 
unionism.  Its  aggressiveness  led  it  to  look  to  the  east  and  see  an 
opportunity  there.  The  outcome  of  this  was  again  another 
organization,  this  time  the  American  Labor  Union,  formed  in 
1902,  based  on  the  spirit  of  the  western  unions  and  looking 
eastward  for  a  greater  membership. 

This  was  the  situation  in  1905.  It  will  be  clear  that  certain 
elements  of  the  labor  movement  had  been  left  out  in  the  cold  by 
the  passing  Knights  of  Labor  and  that  they  could  not  affiliate 
with  the  rising  Federation  of  Labor.  These  elements  had  but 
few  interests  in  common,  as  later  developments  have  proved,  yet 
one  fact  impressed  them  all,  industrialists,  socialists,  anti- 
politicalists  and  anarchists  alike;  namely,  they  were  not  making 
effective  progress  in  their  common  warfare  against  capitalism. 

Conferences  and  Manifesto.  —  Informal  and  secret  confer- 
ences of  leaders  soon  resulted  in  a  determination  that  something 
effective  must  be  done.  A  more  formal  conference,  in  January, 
1905,  became  known  as  the  Industrial  Union  Congress.  Fol- 
lowing a  call  issued  broadcast  to  unionism  a  convention  was 
assembled  in  the  early  summer  of  the  same  year  and  the  Indus- 
trial Workers  of  the  World  came  into  existence. 

The  January  conference  was  of  importance  primarily  in  that 
it  finally  determined  upon  the  need  for  a  new  organization,  laid 
out  the  lines  along  which  it  should  be  formed  and  fixed  a  time 
for  a  meeting  to  organize  the  new  association.  It  was  all  summed 
up  in  a  manifesto  issued  and  signed  by  twenty-seven  persons. 
Though  somewhat  lengthy  it  did  not  announce  much  that  was 
new.  It  was  broad  enough  to  receive  the  endorsement  of  several 
shades  of  belief.  On  the  negative  side,  its  first  declaration  was 
the  increasingly  familiar  one  of  denunciation  of  the  current  capi- 
talist system.  Human  skill  is  being  displaced  by  machines  and 
the  power  of  the  capitalist  is  being  steadily  strengthened  by 
the  increase  in  control  over  such  machines.  As  an  immediate 
result  "trade  division  among  laborers  and  competition  among 
capitalists  are  alike  disappearing."  "New  machines,  ever 
replacing  less  productive  ones,  wipe  out  whole  trades  and  plunge 
new  bodies  of  workers  into  the  ever-growing  army  of  tradeless, 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  429 

hopeless  unemployed."  Such  conditions  are  being  encouraged 
by  capitalists  who  favor  every  effort  to  subdivide  the  trades 
while  combining  themselves  into  more  effective  associations. 
"The  employers'  line  of  battle  and  methods  of  warfare  corre- 
spond to  the  solidarity  of  the  mechanical  and  industrial  concen- 
tration, while  laborers  still  form  their  fighting  organizations  on 
lines  of  long-gone  trade  divisions."  "This  worn-out  and  corrupt 
system  offers  no  promise  of  improvement  and  adaptation. 
There  is  no  silver  lining  to  the  clouds  of  darkness  and  despair 
settling  down  upon  the  world  of  labor."  Such  a  situation,  it 
is  asserted,  renders  industrial  solidarity  impossible.  "Union 
men  scab  against  union  men;  hatred  of  worker  for  worker  is 
engendered,  and  the  workers  are  delivered  helpless  and  dis- 
integrated into  the  hands  of  the  capitalists."  The  unions  set 
up  barriers  by  way  of  initiation  fees,  union  cards  and  union 
labels  which  stand  in  the  way  of  general  cooperation.  These 
"hinder  the  growth  of  class  consciousness  of  the  workers,  foster 
the  idea  of  harmony  of  interests  between  employing  exploiter 
and  employed  slave."  Turning  from  the  criticisms  of  things 
as  they  are,  it  is  declared  that  "universal  economic  evils  afflict- 
ing the  working  class  can  be  eradicated  only  by  a  universal 
working  class  movement.  ...  A  movement  to  fulfill  these 
conditions  must  consist  of  one  great  industrial  union  embracing 
all  industries,  providing  for  craft  autonomy  locally,  industrial 
autonomy  internationally  and  wage-class  unity  generally.  It 
must  be  founded  on  the  class  struggle,  and  its  general  adminis- 
tration must  be  conducted  in  harmony  with  the  recognition  of 
the  irrepressible  conflict  between  the  capitalist  class  and  the 
working  class."  Then  follow  the  main  features  of  a  proposed 
organization  which  should  be  formed  to  carry  forward  the 
principles. 

Elements  Represented.  —  At  the  appointed  time  those  who 
responded  to  the  appeal  came  together.  The  group  consisted 
of  two  hundred  delegates  from  thirty-four  local,  state,  district 
and  national  organizations  and  representing  more  than  forty 
distinct  occupations  or  trades.  The  memberships  of  the  repre- 
sented associations  totaled  a  little  less  than  150,000,  though 
delegates  fully  authorized  to  enroll  their  constituents  in  the 
new  proposed  organization  represented  only  slightly  over 
50,000.    The  Western  Federation  of  Miners,  with  a  member- 


43©    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ship  of  27,000,  was  represented  by  5  delegates;  the  American 
Labor  Union,  with  16,750,  sent  29  delegates;  the  United  Metal 
Workers,  3,000  strong,  sent  2;  the  United  Brotherhood  of 
Railway  Employees,  2,087  in  number,  was  represented  by  19 
delegates;  and  the  Socialist  Trade  and  Labor  Alliance,  with 
1,450  members,  had  14  delegates.  This  gives  for  the  "Big 
Five"  a  total  of  50,287  members  and  69  delegates.  As  the 
voting  strength  was  assigned  on  the  basis  of  members  repre- 
sented, it  will  appear  that  the  Western  Federation  of  Miners 
held  the  controlling  vote,  though  only  5  delegates  sat  in  the 
conference. 

An  Organization  Formed.  —  The  preamble  to  the  con- 
stitution of  the  new  Industrial  Workers  of  the  World  was  a 
mildly  expressed  summary  of  the  Manifesto  issued  by  the 
January  conference.  It  contained  one  clause  that  proved  to 
be  ambiguous  and  that  figured  prominently  in  the  succeeding 
conventions.  This  clause  declared  that  between  the  working 
class  and  the  employing  class  "a  struggle  must  go  on  until  all 
the  toilers  come  together  on  the  political  as  well  as  on  the  indus- 
trial field,  and  take  and  hold  that  which  they  produce  by  their 
labor,  through  an  economic  organization  of  the  working  class, 
without  affiliation  with  any  political  party."  It  will  be  noticed 
that  reference  is  here  made  to  the  necessity  of  political  as  well 
as  industrial  action,  though  there  must  be  no  affiliation  with 
existing  parties. 

The  constitution  contained  the  structure  of  the  new  union 
and  provisions  for  its  administration.  Large  powers  rested  in 
the  convention.  The  General  President,  the  General  Secretary, 
Treasurer  and  a  General  Executive  Board  were  provided  for; 
these  having  wide  powers.  The  organization  itself  was  to  be 
divided  into  thirteen  international  industrial  divisions,  sub- 
divided into  industrial  unions  of  "closely  kindred  industries." 
Provision  was  made  for  a  "Universal  Label"  for  the  organiza- 
tion. All  membership  books,  official  buttons,  labels  and  badges 
were  to  be  of  uniform  design.  There  was  to  be  free  interchange 
of  cards  between  subordinate  organizations,  and  any  paid-up 
membership  card  was  to  be  accepted  as  initiation  without  fee 
in  any  other  recognized  union. 

Spirit  and  Personalities  of  Movement.  —  Any  description 
of  the  emergence  of  the  Industrial  Workers  of  the  World  from 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  431 

the  confusion  of  this  period  would  be  inadequate  if  it  confined 
itself  alone  to  preambles,  constitutions  and  formal  declarations 
of  conferences  and  conventions.  Both  the  strength  and  the 
spirit  of  the  Industrial  Workers  rested  on  the  personalities 
of  its  group  of  leaders.  The  five  men  who  dominated  the 
January  conference  were  William  D.  Haywood,  Eugene  V. 
Debs,  William  E.  Trautmann,  Daniel  DeLeon  and  A.  M.  Si- 
mons. Soon  Vincent  St.  John  joined  the  group.  Of  these  men 
all  were  members  of  the  Socialist  Party  except  two.  Daniel 
DeLeon  was  a  leader  of  the  Socialist  Labor  Party  and  William  E. 
Trautmann  represented  the  anti-political  element.  These  were 
all  men  of  seasoned  experience,  born  leaders  with  an  idealism 
that  has  furnished  them  the  "vision"  and  a  practical  turn  born 
of  close  associations  with  the  turbulent  and  often  unsuccessful 
movements  of  the  day. 

Developing  Discord.  —  Begun  under  apparently  favorable 
auspices  and  aggressive  leadership,  with  a  claimed  membership 
of  100,000  at  the  end  of  the  first  year,  with  active  organizers  in 
the  field  and  a  lively  weekly  paper,  the  new  organization  which 
had  promised  so  well  was  soon  on  the  rocks  of  discord.  At  the 
second  convention,  factional  strife  led  to  an  effort  to  depose  the 
president;  to  his  resistance  to  the  movement  and  to  his  final 
withdrawal  from  the  organization  together  with  the  Western 
Federation  of  Miners.  The  arrest  of  Haywood  in  1906  left 
a  position  of  leadership  difficult  to  fill.  A  second  dissension 
broke  out  in  1908,  this  time  over  political  policies.  The  political 
element  in  the  leadership  insisted  that  the  Industrial  Workers 
be  committed  formally  to  political  action.  This  was  opposed 
by  the  anti-political  element.  But  the  political  unionists  were 
divided  and  in  rivalry.  The  Socialist  Party  and  the  Socialist 
Labor  Party  were  both  bidding  for  the  support  of  the  laborers' 
votes.  DeLeon  and  Simons  became  distrustful  each  of  the 
other.  The  victory  was  won  by  the  anti-political  wing  and  in 
1908  the  Industrial  Workers  was  put  on  a  non-political  basis, 
the  preamble  was  changed  accordingly  and  a  more  distinctively 
revolutionary  spirit  characterized  the  movement. 

With  reference  to  political  action  the  preamble  now  declared 
that  "  a  struggle  must  go  on  until  the  workers  of  the  world  or- 
ganize as  a  class,  take  possession  of  the  earth  and  the  machinery 
of  production  and  abolish  the  wage  system."    The  earlier  refer- 


432    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

ence  to  the  weaknesses  of  trade  unionism  and  its  misleading  of 
the  workers  "into  the  belief  that  the  working  class  have  in- 
terests in  common  with  their  employers"  gave  way  to  a  more 
positive  declaration.  "Instead  of  the  conservative  motto,  'A 
fair  day's  wages  for  a  fair  day's  work,'  we  must  inscribe  on  our 
banner  the  revolutionary  watchword,  'Abolition  of  the  wage 
system.'  It  is  the  historic  mission  of  the  working  class  to  do 
away  with  capitalism.  The  army  of  production  must  be  or- 
ganized, not  only  for  the  every-day  struggle  with  capitalists, 
but  also  to  carry  on  production  when  capitalism  shall  have  been 
overthrown.  By  organizing  industrially  we  are  forming  the 
structure  of  the  new  society  within  the  shell  of  the  old." 

A  "  Purified  "  Movement.  —  When  these  radical  changes 
were  made  and  the  group  stood  definitely  committed  to  its  more 
radical  program,  most  of  the  organizations  withdrew  leaving  a 
determined  group  of  revolutionary  leaders  to  carry  forward  the 
new  movement.  The  fact  seems  to  be  that  most  of  these  unions 
had  never  been  very  formidable.  "  Several  of  the  organizations," 
says  Brissenden,  "which  finally  merged  into  the  Industrial 
Workers  of  the  World  had  little  behind  them  but  leaders." 
The  Socialist  Trade  and  Labor  Alliance,  the  United  Metal 
Workers  and  the  American  Labor  Union  were  "really  more 
shadow  than  substance." 

Significance  of  the  "  Purification."  —  Before  following  the 
fortunes  of  the  Industrial  Workers  a  step  further,  the  signif- 
icance of  the  political  struggle  should  be  pointed  out.  Those 
who  have  more  carefully  analyzed  the  elements  present  at  the 
inception  of  the  movement  find  three  quite  distinct  groups. 
One  regarded  the  organization  as  the  "economic  backbone  of 
the  political  socialist  movement."  Another  regarded  economic 
organization  as  of  prime  importance  with  the  political  move- 
ment subordinate.  A  third  group  were  more  or  less  open  anarch- 
ists. This  last  group  though  few  in  number,  was  outspoken  and 
denounced  any  form  of  political  activity.  In  the  end  the  last 
group  has  quite  fully  dominated.  Mr.  Haywood,  no  longer  a 
member  of  the  Socialist  Party,  has  come  into  aggressive  leader- 
ship with  Mr.  Trautmann,  a  revolutionary  industrialist  actively 
seconding  the  former's  efforts. 

The  matter  came  to  a  climax  when  the  convention  refused  to 
seat  a  representative  from  the  Socialist  Labor  Party.     The 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  433 

faction  withdrew  and  called  a  convention  at  Detroit.  This 
faction  has  continued  the  name  and  professes  to  be  the  original 
organization.  The  result  is  that  there  are  two  separate  organi- 
zations both  under  the  name  Industrial  Workers  of  the  World. 
The  smaller  one  is  known  as  the  Detroit  Branch  and  is  the 
Socialist  Labor  wing  of  the  movement.  The  other  is  known  as 
the  Chicago  Branch  and  represents  the  more  radical  anti- 
political  or  direct  actionist  group.  It  is  called  by  some  the 
anarchist  group.  Each  organization  still  maintains  its  head- 
quarters, one  at  Detroit  and  the  other  at  Chicago,  and  each 
has  its  staff  of  officers,  its  paper  and  its  program.  The  organi- 
zation most  generally  referred  to  when  the  name  is  used  is  the 
Chicago  Branch. 

The  first  four  years  of  life  had  left  the  Industrial  Workers 
but  a  shadow  of  its  former  self.  The  Brewery  Workers,  though 
retaining  their  industrial  unionism  had  been  readmitted  into 
the  American  Federation  of  Labor.  The  Western  Federation 
of  Miners  was  tending  in  the  same  direction  and  has  since  been 
granted  a  Federation  charter.  In  short,  as  Levine  sums  it  up, 
"The  enthusiasm  which  the  I.  W.  W.  at  first  awakened  had 
been  steadily  subsiding  during  the  first  two  years  of  its  existence. 
The  revolutionary  elements  in  the  labor  and  socialist  move- 
ments now  regarded  it  with  disappointment  and  distrust.  The 
I.  W.  W.  had  shrunk  to  a  mere  handful  of  leaders,  revolutionary 
in  spirit  and  ideals  and  persevering  in  action,  with  a  small, 
scattered  and  shifting  following  and  an  unsatisfactory  admini- 
strative machinery." 

The  New  Following.  —  Such  a  situation  inspired  rather  than 
baffled  these  leaders.  They  would  find  a  following.  Indeed 
there  was  one  at  hand  that  would  respond  readily  to  their 
urgings.  The  unskilled  and  unorganized  laborers  had  not  been 
receiving  much  attention  from  leaders  of  ability  and  force. 
To  these  the  captains  of  the  Industrial  Workers  turned  for 
recruits.  They  formulated  a  revolutionary  propaganda  appeal- 
ing in  its  force  and  adaptable  in  its  content  and  went  to  work 
with  renewed  vigor. 

Though  the  Industrial  Workers  of  the  World  was  formed  in 
1905  it  did  not  come  into  real  existence  as  it  is  known  to-day 
until  three  years  of  struggle  against  outside  opposition  and  fac- 
tional strife  within  had  coordinated  its  component  parts.    Trade 


434    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

union  hopes  had  been  crushed.  Individual  leadership  had  been 
established  between  rival  groups.  Most  important  of  all  the 
question  of  political  action  had  been  settled.  It  was  not  until 
these  things  had  been  accomplished  that  the  Industrial  Workers 
of  the  World  was  in  position  to  enter  seriously  upon  the  career 
that  it  has  pursued  in  the  past  seven  years. 

Two  sets  of  events  made  the  new  organization.  The  success 
of  the  McKees  Rocks  Strike  in  1909,  a  strike  of  unskilled  steel 
workers  brought  to  an  end  in  six  weeks  showed  the  fighting 
spirit  of  the  new  movement.  The  "free  speech"  fight  in  Spo- 
kane taught  its  lesson  also.  In  that  city  ordinances  were  passed 
forbidding  street  corner  speaking.  These  were  enforced  by 
arrests.  The  call  went  out  to  all  Industrial  Workers  to  come 
to  Spokane,  speak  on  the  corners,  fill  the  jails  and  bankrupt 
the  city.  For  three  months  the  fight  was  waged,  about  five 
hundred  men  and  women  were  put  in  jail,  several  were  killed 
and  others  beaten  by  the  police,  while  those  in  jail  persisted  in 
adopting  the  hunger  strike.  Finally  it  was  realized  that  the 
city  was  spending  some  $20,000  and  making  no  progress.  In 
the  end  a  compromise  was  reached.  The  Industrial  Workers 
were  allowed  to  speak  unmolested.  They  have  had  that  liberty 
ever  since.  This  showed  what  this  form  of  direct  action 
could  do.  The  year  1909  was  the  year  of  the  second  birth  of 
the  Industrial  Workers  of  the  World.  Following  immediately 
upon  these  events  came  the  strikes  at  Lawrence,  Paterson, 
Little  Falls,  Philadelphia,  Lowell,  Akron,  and  other  places  in 
the  east.  These  performances  were  all  staged  in  such  a  way 
as  to  startle  the  entire  eastern  section  of  the  country  and  in 
many  quarters  they  awakened  a  state  of  mind  almost  akin  to 
a  panic.  The  Industrial  Workers  of  the  World  had  taken  on 
a  new  lease  of  life. 

The  Philosophy  of  the  Movement :  Syndicalism.  —  Turn- 
ing to  the  philosophy  of  the  movement,  the  situation  becomes 
confused.  To  say  it  is  the  philospohy  of  syndicalism  is  to  state 
but  a  part  truth,  and  even  then  the  term  itself  is  vague.  Syn- 
dicalism is  of  French  origin  in  its  more  definite  formulation. 
It  has  been  in  part  engrafted  upon  American  revolutionary 
industrialism,  as  it  furnishes  ideals  and  forms  of  expression 
that  are  easily  adapted  to  the  American  situation.  It  will 
not  be  possible  here  to  attempt  even  to  outline  the  elements 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  435 

of  French  Syndicalism  as  a  philosophy  worked  out  by  Sorel 
and  others.  Its  American  adaptation  is  all  that  is  necessary 
to  notice.  More  than  that,  the  need  for  such  description  be- 
comes still  less  when  it  is  realized  that  French  syndicalism  was 
used  in  America  as  a  buttress  rather  than  a  foundation  for  the 
activities  of  the  Industrial  Workers  of  the  World.  The  inde- 
pendence of  the  worker  from  everything  but  himself  is  the 
key  note;  from  the  state,  from  the  politician,  from  the  employer, 
from  the  capitalist.  Not  independence  as  understood  in  a 
mild  way,  but  domination  over  or  extinction  is  the  only  real 
independence.  Syndicalism  does  not  recognize  the  employer's 
right  to  live  "any  more  than  a  physician  recognizes  the  right 
of  typhoid  bacilli  to  thrive  at  the  expense  of  the  patient,  the 
patient  merely  keeping  alive." 

John  Spargo  has  formulated  what  may  be  taken  as  a  con- 
venient brief  summary  of  American  syndicalism.  "  Syndicalism 
is  a  form  of  labor  unionism  which  aims  at  the  abolition  of  the 
capitalist  system  based  upon  the  exploitation  of  the  workers, 
and  its  replacement  by  a  new  social  order  free  from  class  domi- 
nation and  exploitation.  Its  distinctive  principle  as  a  practical 
movement  is  that  these  ends  are  to  be  attained  by  the  direct 
action  of  the  unions,  without  parliamentary  action  or  the  inter- 
vention of  the  State.  The  distinctive  feature  of  its  ideal  is 
that  in  the  new  social  order  the  political  state  will  not  exist, 
the  only  form  of  government  being  the  administration  of  in- 
dustry directly  by  the  workers  themselves."  Summing  up, 
he  formulates  five  principles  upon  which  all  syndicalists  are 
agreed. 

"  (1)  Capitalism  is  to  be  destroyed  and  with  it  must  be  over- 
thrown the  political  state. 

"(2)  These  ends  can  only  be  accomplished  by  the  working 
class  itself. 

"(3)  They  are  not  to  be  obtained  through  political  action, 
but  as  a  result  of  the  direct  action  of  the  workers,  that  is,  as 
direct  results  of  economic  conflict  and  not  indirectly  by  means 
of  legislation. 

"  (4)  Society  is  to  be  reconstructed  by  the  workers  and  eco- 
nomic exploitation  and  mastery  will  be  abolished. 

"  (5)  In  the  new  Society  the  unions  of  the  workers  will  own 
and  manage  all  industries,  regulate  consumption  and  administer 


436    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  general  social  interests.  There  will  be  no  other  form  of 
government." 

The  American  followers  prefer  to  be  known  as  industrialists 
rather  than  syndicalists.  Syndicalism  means  in  France  prima- 
rily "unionism."  In  this  country  some  groups  of  anarchists  call 
themselves  Syndicalist  Circles.  To  the  group  here  considered 
it  seems  to  avoid  confusion  by  making  clear  the  distinction 
between  trade  unionism  on  the  one  hand  and  anarchism  on 
the  other.  In  fact  the  Industrial  Workers  of  the  World  have 
not  remained  a  pure  syndicalist  organization.  The  Syndicalist 
League  of  North  America  follows  European  syndicalism  more 
closely.  This  League  and  the  Industrial  Workers  are  openly 
critical  each  of  the  other.  The  fact  remains  that  in  the  popular 
mind  the  Industrial  Workers  and  syndicalism  are  closely  as- 
sociated. The  indefiniteness  of  the  latter  seems  quite  consonant 
with  the  vagueness  and  mysteriousness  of  the  Industrial  Work- 
ers. Syndicalism  will  doubtless  remain  an  important  word  in  the 
vocabulary  of  those  who  speak  much  of  revolutionary  unionism, 
even  though  it  continues  to  express  itself  in  "metaphysical 
quiddities  and  literary  rhapsodies." 

With  the  appearance  of  the  Industrial  Workers  of  the  World 
have  come  other  expressions  that  are  accompanied  with  sinister 
significance.  The  general  strike,  direct  action,  sabotage:  each  of 
these  has  a  hard  sound  to  an  ear  accustomed  to  listen  to  such  ex- 
pressions as  strike,  boycott,  trade  agreement,  mediation,  labor 
legislation.  To  define  these  ominous  terms  clearly  is  quite  im- 
possible. They  have  no  clear  definition.  The  leaders  who  use 
them  so  freely  are  not  primarily  philosophers  or  scientists.  They 
are  men  of  action,  opportunists,  quick  to  seize  any  situation  and 
by  skillful  use  of  words  turn  it  to  their  advantage.  They  meet 
an  immediate  situation  and  seek  to  dominate  it.  This  they  often 
do  by  cloaking  the  description  in  generalities  and  rhetorical 
appeal.  The  terms  in  such  wide  use  can  be  described,  then,  in 
only  a  more  general  way.    Accurate  definition  seems  impossible. 

The  General  Strike.  —  The  general  strike  of  course  is  no  in- 
vention of  their  own.  For  long  years  dreamers  have  pictured  a 
cessation  of  labor  so  far  reaching  and  varied  that  all  industries 
would  be  closed  and  society  as  a  whole  be  completely  at  the 
mercy  of  one  of  its  groups.  The  Industrial  Workers  have  seized 
upon  this  idea  and  used  it  very  effectively  by  very  reason  of  its 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  437 

vagueness.  Efforts  at  general  strikes  though  always  failures  are 
explained  in  such  a  way  as  to  show  that  with  slightly  different 
management  they  would  have  succeeded.  The  realization  of  the 
enormous  power  that  would  lie  in  the  hands  of  the  men  who 
could  successfully  launch  a  general  strike  appeals  with  a  new 
force  on  every  new  occasion  where  men  are  deeply  stirred  by 
emotional  appeal.  In  a  more  definite  way,  general  strikes  are 
sometimes  talked  of  as  general  throughout  an  industry.  This 
brings  the  idea  more  nearly  within  the  limits  of  the  hopes  of  in- 
dustrial unionists  who  plan  to  control  industries  instead  of  trades 
through  their  unions.  Again,  general  strikes  refer  to  community- 
wide  cessation  of  labor.  All  the  workers  of  a  city,  an  industrial 
district,  a  group  of  mills  or  factories  may  be  the  unit  that  is  set 
as  the  community.  Then  there  is  the  general  national  strike. 
Even  this  is  talked  of  as  a  possibility  after  the  Industrial  Workers 
of  the  World  shall  have  extended  their  following  widely  enough. 
There  is  then  a  vague  and  pleasing  indefiniteness  about  the  gen- 
eral strike,  and  from  this  very  fact  arises  its  potency  of  appeal 
to  the  rank  and  file  of  the  unskilled  workers. 

Direct  Action.  —  Direct  action  is  another  expression  that 
carries  vagueness  if  not  terror.  In  a  sense  it  is  a  very  reasonable 
term  and  reveals  clearly  the  attitude  of  its  users.  The  methods 
by  which  employers  or  capitalists  control  industry  and  its 
workers  are  regarded  as  indirect.  They  use  machinery  and  sub- 
division of  labor,  trade  unions  and  trade  agreements,  law-making 
bodies,  law-enforcing  officers,  judges  in  the  courts,  armed  guards, 
policemen,  sheriffs'  posses,  militiamen.  All  these  are  said  to  be 
used  at  will  by  the  power  of  capital  to  hold  the  worker  in  sub- 
mission. Such  are  the  claims  made  again  and  again  and  in  multi- 
ple form  by  these  industrialists.  There  are  no  indirect  ways 
left  by  which  helpless  workers  can  check  the  growing  power 
of  their  "masters."  Direct  action  is  the  alternative.  As  so 
many  of  the  indirect  means  suggested  in  the  list  just  named  are 
related  with  either  trade-union  organization  or  government, 
they  denounce  both.  Political  action  is  hopeless.  The  old 
unionism  offers  no  chance.  Consequently  anti-political  revolu- 
tionary industrial  organization  must  be  used.  This  is  the  idea 
behind  direct  action.  Though  it  is  not  synonymous  with  the 
strike,  it  includes  its  liberal  use.  When  used  it  is  not  the  strike 
of  the  trade-union  brand.    Two  requirements  are  essential  to  the 


438    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

direct  action  strike.  It  must  be  called  at  a  critical  time.  This 
means  by  implication  that  in  order  to  make  it  possible  at  the 
right  time  the  laborers  must  not  be  hampered  by  any  agreements 
or  contracts.  The  very  uncertainty  created  in  the  employer's 
mind  is  in  itself  an  asset  upon  which  they  count  when  he  feels 
that  he  has  no  agreement  with  his  men.  Again  the  strike  must 
close  down  the  entire  plant.  No  groups  to  remain  in  and  help 
strike  breakers  to  defeat  the  strikers.  No  sense  of  responsibility 
for  property  loss.  The  industry  must  be  crippled.  It  will  not 
do  to  stop  at  causing  the  employer  merely  a  little  annoyance. 
This  again  means  no  trade  divisions  in  the  industry  with  sep- 
arate agreements  expiring  at  various  times.  In  this  sense  the 
action  in  securing  the  objects  desired  goes  straight  to  the  point 
of  forcing  the  employer  in  spite  of  his  recourse  to  indirect  action 
as  a  means  of  protection.  The  employers  say  they  will  not 
recognize  the  unions  or  have  any  dealings  with  them.  "Very 
well,"  say  the  Industrial  Workers  of  the  World,  "we  too  refuse 
to  recognize  employers.  We  quit  work  without  consulting  them. 
We  go  back  to  work  without  notice.  In  all  ways  they  shall  be 
ignored."  "If  capitalism  is  'organized  corruption'  why  should 
labor,  the  'all-creative,'  recognize  it?" 


CHAPTER  XXVIII 

REVOLUTIONARY  INDUSTRIAL  UNIONISM 

(Continued) 

Sabotage.  —  Closely  associated  with  the  terms  described  in 
the  closing  pages  of  the  last  chapter  is  the  newer  term  sabotage. 
In  this  word  lies  the  greatest  indefiniteness  of  meaning.  Even  its 
origin  seems  to  be  somewhat  in  dispute.  A  good  introduction 
to  the  idea  is  given  by  John  Spargo  in  his  book,  Syndicalism, 
Industrial  Unionism  and  Socialism,  where  he  relates  some  per- 
sonal experiences  connected  with  what  he  asserts  to  be  the  first 
use  of  both  the  word  and  the  idea.  The  story  is  given  here  in 
condensed  form. 

An  Account  of  Origin  of  Name.  —  In  1895  there  was  in  Eng- 
land a  revival  of  interest  in  industrial  unionism.  Spargo  with 
others  were  actively  engaged  in  advocating  the  One  Big  Union 
idea.  An  aggressive  industrial  union  was  formed  known  as 
the  International  Federation  of  Ship,  Dock,  and  Riverside 
Workers.  Strikes  were  called  by  this  union  and  were  lost  again 
and  again.  The  whole  organization  was  in  danger  of  going  to 
pieces.  The  men  were  sick  of  unsuccessful  strikes.  Political 
action  was  suggested,  but  discarded  as  of  no  practical  promise. 
Experiences  of  other  unions  in  parliamentary  tactics  offered  no 
inducement.  Moreover,  most  of  the  men  in  these  occupations 
had  no  vote.  At  this  juncture,  with  such  a  cheerless  outlook, 
another  policy  was  proposed:  "Strike  by  stealth  while  keeping 
on  the  pay  roll."  When  a  workman  "takes  every  advantage 
to  slacken  his  efforts  and  to  waste  his  time  he  is  said  by  the 
English  to  be  'soldiering.'"  But  the  English  expression  was 
too  plain  and  matter  of  fact.  A  Scotch  colloquialism  was  chosen 
in  its  place,  the  more  "picturesque  expression"  ca'  canny 
which  means  "go  slow"  or  "be  careful  not  to  do  too  much." 
Workers  were  urged  to  adopt  this  ca1  canny  policy  to  "regard 
the  employer  and  his  agents  as  their  natural  enemies  and  to 
regard  it  as  their  duty  to  their  class  to  strike  the  employers' 

439 


44Q    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

pocketbooks,  their  real  souls,  in  every  possible  way."  As  an 
example  was  repeated  the  story  of  the  Chinese  coolies  who 
being  refused  an  increase  in  wages  cut  off  a  piece  from  the 
end  of  their  shovels  saying,  "small  pay,  small  work."  Regard 
for  the  safety  of  human  life  was  insisted  upon  as  the  only  limit 
to  the  destruction  of  the  employer's  machinery  and  other  prop- 
erty. "Of  course,"  says  Spargo,  "the  idea  was  very  easily 
extended.  From  the  slowing  up  of  the  human  worker  to  the 
slowing  up  of  the  iron  worker,  the  machine,  was  an  easy 
transition.  A  little  dust  in  the  bearings,  especially  emery 
dust,  would  do  much.  Soap  in  boilers  would  retard  the 
development  of  steam.  Judiciously  planned  'accidents'  might 
easily  create  confusion  for  which  no  one  could  be  blamed. 
A  few  'mistakes'  in  handling  cargoes  might  easily  cost  the 
employers  far  more  than  a  small  increase  of  wages  would." 
"Keep  this  up,"  it  was  urged,  "and  in  a  little  while  the 
employers  will  be  on  their  knees  to  the  union,  begging  us  to 
restore  our  efficiency  as  workers."  This  was  what  the  English 
came  to  know  as  the  extreme  application  of  ca'  canny. 

Continuing  the  account  Spargo  informs  us  that  a  group  of 
delegates  from  France  made  a  report  on  these  conditions  in 
England  before  their  own  French  organization,  the  General 
Confederation  of  Labor  (Confederation  Generate  du  Travail). 
They  could  find  no  French  word  for  ca'  canny.  Yet  they  were 
much  in  sympathy  with  its  spirit  and  desired  to  recommend 
it  to  the  Federation.  There  is  a  French  expression  Travailler 
a  coups  de  sabots,  meaning  to  work  as  one  wearing  wooden 
shoes,  often  applied  to  laggards  or  slow-moving  people.  From 
this  was  coined  the  word  sabotage.  The  new  word  was  used  in 
the  report.  Sabotage  stood  to  the  French  for  the  practices 
to  which  the  English  had  given  the  name  cay  canny.  But  the 
French  were  not  content  to  let  the  word  stand  as  representing 
a  practice.  It  must  be  backed  by  a  philosophy.  In  French 
hands,  then,  the  idea  has  been  much  more  elaborately  developed. 
Thus  in  vogue  in  Europe,  the  Americans  have  borrowed  the 
term  as  descriptive  of  the  spirit  of  the  Industrial  Workers  of 
the  World. 

Its  Meaning.  —  The  English  experience  helps  very  much  to 
understand  the  content  of  this  evasive  term  sabotage.  In 
addition,   a   further   idea   of   its   meaning   may   be   gathered 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  441 

from  the  words  of  two  or  three  others  who  have  attempted  to 
describe  it.  " Sabotage  as  it  prevails  to-day,"  says  one,  "means 
interfering  with  the  machinery  of  production  without  going 
on  strike.  It  means  to  strike  but  stay  on  the  pay  roll.  It  means 
that  instead  of  leaving  the  machine  the  workers  will  stay  at 
the  machine  and  turn  out  poor  work,  slow  down  their  work 
and  in  every  other  way  that  may  be  practicable  interfere  with 
the  profits  of  the  boss,  and  interfere  to  such  an  extent  that 
the  boss  will  have  to  come  around  and  ask  'What  is  wrong; 
what  can  I  do  to  satisfy  you  people?'"  Another  definition 
runs  somewhat  the  same.  "Any  conscious  and  willful  act  on 
the  part  of  one  or  more  workers  intended  to  slacken  and  reduce 
the  output  of  production  in  the  industrial  field,  or  to  restrict 
trade  and  reduce  the  profits  in  the  commercial  field,  in  order 
to  secure  from  their  employers  better  conditions  or  to  enforce 
those  promised  or  maintain  those  already  prevailing,  when 
no  other  way  of  redress  is  open;  any  skillful  operation  on  the 
machinery  of  production  intended  not  to  destroy  it  or  perma- 
nently render  it  defective  but  only  to  temporarily  disable  it 
and  to  put  it  out  of  running  condition  in  order  to  make  impossi- 
ble the  work  of  scabs  and  thus  to  secure  the  complete  and  real 
stoppage  of  work  during  a  strike." 

As  a  final  description  a  somewhat  longer  extract  may  be  used. 
It  but  suggests  some  of  the  many  ways  that  ingenuity  and 
cunning  will  devise  when  the  situation  seems  to  the  workers 
desperate  enough  to  warrant  it. 

"Strikes  may  gain  certain  advantages  for  the  workers,  but 
sabotage  well  conducted  is  sure  to  bring  about  the  employer's 
discomfiture.  According  to  direct  actionists,  sabotage  should 
be  as  far  as  possible  beneficial  to  the  ultimate  consumer  who, 
in  the  majority  of  cases,  is  a  workingman.  Workers  in  the 
wine  and  packing  industries  who  refuse  to  'wet'  wines  or  who 
throw  away  harmful  chemicals  destined  to  preserve  ephemeral 
liquids  or  embalm  doubtful  meat,  cooks  who  waste  so  much 
margarine  that  this  substitute  for  butter  becomes  as  expensive 
as  the  original  article,  store  clerks  who  refuse  to  sell  a  worthless 
'just  as  good  article,'  insist  on  giving  full  weight,  substitute 
truthful  labels  for  those  used  on  'sale  days,'  painters  who  apply 
the  specified  coating  of  paint,  etc.,  are  engaged  in  beneficial 
sabotage. 


442    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

"  Another  kind  of  sabotage  aims  at  ruining  the  retailer's 
trade:  bakers  may  produce  bread  and  cakes  unfit  for  consump- 
tion or  containing  foreign  substances;  clerks  may  refuse  to  show 
certain  goods  or  call  the  customer's  attention  to  their  defects. 

"Individual  sabotage  may  assume  a  more  aggressive  form. 
Sebastien  Faure  and  Pouget  delivered  recently  on  the  subject 
of  technical  instruction  as  revolution's  handmaid  an  address 
from  which  we  quote  the  following  extracts: 

"The  electrical  industry  is  one  of  the  most  important  indus- 
tries, as  an  interruption  in  the  current  means  a  lack  of  light 
and  power  in  factories;  it  also  means  a  reduction  in  the  means 
of  transportation  and  a  stoppage  of  the  telegraph  and  telephone 
systems. 

"How  can  the  power  be  cut  off?  By  curtailing  in  the  mine 
the  output  of  the  coal  necessary  for  feeding  the  machinery  or 
stopping  the  coal  cars  on  their  way  to  the  electrical  plants. 
If  the  fuel  reaches  its  destination  what  is  simpler  than  to  set 
the  pockets  on  fire  and  have  the  coal  burn  in  the  yards  instead 
of  the  furnaces?  It  is  child's  play  to  put  out  of  work  the  ele- 
vators and  other  automatic  devices  which  carry  coal  to  the 
fireroom. 

"To  put  boilers  out  of  order  use  explosives  or  silicates  or  a 
plain  glass  bottle  which  thrown  on  the  glowing  coals  hinders 
the  combustion  and  clogs  up  the  smoke  exhausts.  You  can 
also  use  acids  to  corrode  boiler  tubes;  acid  fumes  will  ruin 
cylinders  and  piston  rods.  A  small  quantity  of  some  corrosive 
substance,  a  handful  of  emery  will  be  the  end  of  oil  cups.  When 
it  comes  to  dynamos  or  transformers,  short  circuits  and  inver- 
sions of  poles  can  be  easily  managed.  Underground  cables  can 
be  destroyed  by  fire,  water,  plyers  or  explosives,  etc.,  etc." 

Evidently  there  are  two  sides  to  this  from  the  unionist  point 
of  view,  though  but  one  from  the  revolutionist's  standpoint. 
This  is  seen  in  a  discussion  of  the  policy  of  sabotage  as  argued 
by  the  members  of  the  Commercial  Telegraphers  Union,  where 
two  different  views  appear.  One  runs  as  follows:  "Sabotage 
can  only  be  worked  on  a  small  scale  where  the  individual  is 
in  a  position  to  do  his  work  upon  his  own  initiative  in  a  way 
that  no  one  else  is  in  on  his  plans.  This  requires  independence 
of  thought  and  action  as  well  as  one  chief  ingredient — nerve. 
I  do  not  think  there  are  enough  commercial  telegraphers  with 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  443 

nerve  to  make  the  plan  worth  while."  To  this  comes  the  reply: 
"Sabotage  would  fail  to  bring  permanent  results,  because  it 
is  not  the  weapon  of  courageous  and  progressive  men.  It  is 
on  a  par  with  the  eavesdropper  and  stool  pigeon  of  the  telegraph 
companies.  A  coward's  tool  to  be  used  in  the  dark  and  cannot 
stand  the  light  of  day.  Suppose  the  Western  Union  did  run  into 
an  epidemic  of  'bulled'  and  'lost'  messages.  Wherein  would 
that  help  us  organize,  and  that  is  what  we  are  trying  to  do." 

Deeper  Meaning  of  Sabotage.  —  It  yet  remains  to  empha- 
size one  point  in  regard  to  this  strange  weapon  upon  which  the 
members  of  this  branch  of  unionism  count  so  much.  Its  use 
means  the  reaching  of  the  verge  of  despair.  Strikes  and  boycotts 
cannot  be  effectively  pushed  by  these  groups  of  unskilled  and 
irregularly  employed  men.  Their  organizations,  when  built  up 
on  the  lines  of  the  older  unionism,  do  not  stay  together.  They 
lack  coherence.  In  the  political  field  they  cannot  make  them- 
selves felt.  Their  voting  strength  is  greatly  scattered  by  the 
transitory  nature  of  much  of  their  work  and  they  have  no  can- 
didates of  their  own  to  push.  The  methods  used  by  the  sub- 
stantial skilled  unions  have  no  effectiveness  when  adopted  by 
these  workers.  There  seems  no  way  but  to  terrorize  the  em- 
ployer. Sabotage  serves  this  purpose.  Its  main  strength  lies 
in  the  furtiveness  of  its  use.  Individuals  can  use  it  singly  as 
well  as  collectively.  Its  vagueness  causes  the  employer  very 
uneasy  moments  when  he  sees  its  results  appear  in  his  plant. 
It  means  a  kind  of  disorganization  before  the  spread  of  which 
he  is  helpless.  Further  it  means  that  a  reckless  desperation 
has  seized  his  workmen  and  he  knows  not  where  it  may  lead 
or  at  what  point  it  will  break  out  next.  "Whenever  a  nation 
loses  hope  of  a  peaceful  solution  of  a  problem,  that  moment  all 
the  elements  of  war  are  present.  Whenever  a  class  or  a  portion 
of  a  class  loses  hope  in  its  policies,  loses  confidence  in  its  policies, 
all  the  elements  of  war  are  there  and  the  idea  of  direct  action 
grows  and  a  change  takes  place."  So  significant  is  this  phase 
of  the  movement  that  there  are  those  who  declare  that  "the 
heart  and  the  soul  and  the  blood  of  the  syndicalist  movement  is 
sabotage." 

The  Industrial  Workers  of  the  World  is  the  remnant  of  an 
industrial  unionist  movement  that  at  first  sought  to  work 
largely  by  bringing  into  its  membership  the  aggressive  wing  of 


444    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

the  socialists  and  the  more  active  of  trade  unionists.  These 
all  were  to  be  industrialized.  After  a  brief  time  these  relatively- 
less  radical  elements  dropped  out  and  the  leaders  remaining 
were  determined  to  speak  in  such  a  way  that  they  would  attract 
a  following  and  command  attention.  That  following  has  been 
brought  together  from  the  unskilled  workers  and  the  large 
numbers  of  men  and  women  whose  work  is  most  irregular. 
Textile  workers,  steel  mill  workers,  lumber  jacks,  miners,  farm 
and  fruit  laborers,  railway  construction  gangs,  all  are  more  or 
less  migratory  groups  with  no  prospect  of  anything  more  promis- 
ing open  to  them.  Discontent  is  a  common  factor  among  them. 
By  the  right  kind  of  appeal  these  elements  have  been  brought 
under  the  banner  of  the  Industrial  Workers  of  the  World  and 
there  they  remain  only  so  long  as  the  brilliant  promises  and 
fiery  rhetoric  of  the  leaders  can  hold  them.  They  seek  trouble, 
for  trouble  is  their  only  hope  of  holding  together.  Strikes  must 
be  called,  just  for  practice  if  for  nothing  else.  Small  strikes  keep 
the  members  in  training  for  the  larger  battles  that  are  waged  at 
advantageous  times.  In  these  industrial  outbreaks  they  are 
uncompromising.  "There  is  but  one  bargain  the  I.  W.  W.  will 
make  with  the  employing  class,"  writes  their  Secretary,  "com- 
plete surrender  of  all  control  of  industry  to  the  organized 
workers."  All  the  "fortifications  behind  which  the  enemy  has 
entrenched  himself,"  land,  mills,  mines  and  factories,  must  be 
seized.  "What  is  of  benefit  to  the  employers  must,  self-evi- 
dently,  be  detrimental  to  the  employees."  For  the  accomplish- 
ment of  these  ends  the  means  used  are  judged  by  a  single  stand- 
ard, effectiveness.  "As  a  revolutionary  organization,"  declares 
the  Secretary,  "the  Industrial  Workers  of  the  World  aims  to 
use  any  and  all  tactics  that  will  get  the  results  sought  with  the 
least  expenditure  of  time  and  energy.  The  tactics  used  are 
determined  solely  by  the  power  of  the  organization  to  make 
good  in  their  use.  The  question  of  'right'  and  'wrong'  does 
not  concern  us." 

An  American  Movement.  —  The  Industrial  Workers  of  the 
World  represents  a  combination  of  English  practices,  French 
terms,  French  philosophizings  and  American  conditions.  Syn- 
dicalism, direct  action,  sabotage  have  a  strong  French  flavor. 
Some  of  the  leaders  have  visited  France  and  know  the  General 
Confederation  of  Labor.     Yet  the  organization  is  after  all 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  445 

American.  It  is  the  product  of  independent  American  leaders, 
American  industrial  conditions  and  American  thought.  There 
have  been  three  parallel  developments;  in  England,  in  France 
and  in  America.  Each  has  been  independent  of  the  others,  yet 
each  has  been  influenced  in  some  particulars  by  the  others.  The 
American  movement  is  embodied  in  the  Chicago  Branch  of  the 
Industrial  Workers  of  the  World.  It  cannot  be  comprehended 
by  seeking  alone  to  understand  French  syndicalist  philosophy, 
for  that  is  too  philosophical.  French  direct  action  and  American 
direct  action  are  not  the  same.  The  difference  is  that  one  is 
American  and  the  other  is  French.  It  should  be  clearly  under- 
stood that  the  Industrial  Workers  of  the  World  represents  a 
new  American  unionism. 

Constitution  of  the  Industrial  Workers.  —  While  it  may  be 
said  that  the  structure  of  the  Industrial  Workers  of  the  World  is 
not  so  important  as  its  spirit,  yet  there  is  a  more  definite  or- 
ganization than  is  popularly  supposed.  According  to  the  con- 
stitution as  modified  in  1914  the  Industrial  Workers  of  the 
World  consists  of  actual  wage  workers  brought  together  in 
National  Industrial  Departments,  National  Industrial  Unions, 
Local  Industrial  Unions,  Local  Recruiting  Unions,  Industrial 
Councils,  and  individual  members.  In  localities  where  there 
are  not  enough  to  form  a  Local  Industrial  Union  the  Recruiting 
Union  is  organized  temporarily,  and  even  individuals  are  brought 
in  where  there  is  no  Recruiting  Union.  The  Local  Industrial 
Union  corresponds  to  the  local  of  other  national  organizations, 
with  the  characteristic  exception  that  it  is  composed  of  the  wage 
workers  "welded  together  in  trade  or  shop  branches  or  as  the 
particular  requirements  of  said  industry  may  render  necessary." 
The  Branch  then  becomes  the  connecting  link  between  the 
individual  and  the  central  authority.  National  Industrial 
Unions  are  formed  by  five  or  more  Local  Industrial  Unions  in 
any  one  industry  having  a  joint  membership  of  three  thousand 
or  more.  An  Industrial  Department  is  made  up  of  National 
Industrial  Unions  of  "closely  kindred  industries  appropriate  for 
representation  in  the  departmental  administration."  It  may 
consist  of  two  or  more  National  Industrial  Unions  aggregating  a 
membership  of  not  less  than  10,000.  Industrial  Councils  for 
the  purpose  of  establishing  general  solidarity  in  a  given  district 
may  be  organized  composed  of  delegates  from  not  less  than  five 


446    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

Local  Industrial  or  Local  Recruiting  Unions.  Industrial  Dis- 
trict Councils  hear  all  appeals  on  charges  from  members  of  local 
unions  within  their  jurisdiction  and  their  decision  is  subject  to 
appeal  only  to  the  General  Executive  Board  or  to  the  convention. 
The  Departments  have  general  supervision  over  the  affairs  of 
the  National  Industrial  Unions  composing  the  same,  "provided 
that  all  matters  concerning  the  entire  membership  of  the  I.  W.  W. 
shall  be  settled  by  the  referendum."  Six  Departments  are 
provided  for:  Agriculture,  Land,  Fisheries,  and  Water  Products; 
Mining;  Transportation  and  Communication;  Manufacturing 
and  General  Production;  Construction;  Public  Service. 

The  general  officers  of  the  organization  are  the  General 
Secretary-Treasurer,  General  Organizer  and  General  Executive 
Board,  the  last  named  to  be  composed  of  the  two  general  officers 
and  one  member  of  each  Industrial  Department.  A  provisional 
Executive  Board  is  provided  for  until  the  departments  are  or- 
ganized. It  is  composed  of  the  two  general  officers  and  five 
additional  members.  The  two  named  officers  have  voice  but 
no  vote  in  the  General  Executive  Board.  The  officers  are 
nominated  by  the  convention  and  elected  by  referendum  vote. 
The  provisional  members  of  the  Executive  Board  are  elected 
by  the  convention.  Outspoken  as  the  leaders  are  against  the 
trade  agreement,  the  constitution  provides  for  such  agreements 
subject  to  positively  stated  restrictions.  Each  agreement,  be- 
fore it  shall  be  considered  valid  must  be  submitted  to  and  ap- 
proved by  the  General  Executive  Board.  Agreements  so  made 
must  not  specify  any  length  of  time  for  its  continuance;  must 
not  agree  to  give  notice  before  making  any  demand  affecting 
wages,  hours  or  shop  conditions;  must  not  commit  the  workers 
to  work  only  for  certain  employers  or  members  of  employers' 
associations;  and  must  not  agree  to  regulate  the  selling  price  of 
the  product  that  they  are  employed  to  make. 

The  annual  convention  is  the  legislative  body  of  the  Industrial 
Workers  of  the  World.  Any  change  in  the  organic  law,  if 
adopted  by  the  convention,  must  be  submitted  to  the  members 
by  referendum  vote.  The  membership  of  the  convention  is 
carefully  provided  for.  Each  subdivision  of  the  general  organiza- 
tion is  allotted  its  number  of  representatives  based  upon  mem- 
bership. The  general  officers  are  members-at-large  with  one 
vote  each.    They  do  not  carry  the  vote  of  any  local  organiza- 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  447 

tion.  The  legal  membership  is  based  upon  dues  paid  for  the 
last  six  months  of  the  fiscal  year.  A  local  cannot  be  represented 
in  the  convention  unless  chartered  three  months  before  the  time 
of  meeting. 

A  universal  label  is  provided  for.  It  can  never  pass  from  the 
control  of  the  organization  and  is  to  be  used  on  a  commodity  as 
evidence  that  the  work  is  done  only  by  Industrial  Workers.  The 
finances  are  to  be  provided  by  charter  fees,  initiation  fees  and 
dues.  The  general  membership  can  be  made  up  only  from 
"actual  wage  workers,"  but  no  member  shall  be  an  officer  in 
"a  pure  and  simple  trade  union."  Provisions  are  elaborately 
made  for  the  use  of  the  referendum  in  all  matters  that  may 
arise  with  reference  to  the  policies  of  the  organization.  Each 
officer,  in  taking  office  takes  a  pledge  in  which  among  other  state- 
ments usually  found  he  pledges  that  he  understands  and  be- 
lieves in  the  two  sentences:  "The  working  class  and  the  em- 
ploying class  have  nothing  in  common;"  and  "Labor  is  entitled 
to  all  it  produces." 

This  is  the  structure.  Though  worked  out  in  detail,  as  the 
above  statements  will  indicate,  it  has  thus  far  been  relatively 
unimportant.  The  authority  of  the  officers  is  large,  de  facto  if 
not  de  jure.  Their  effective  leadership  and  their  ability  as  the 
mouthpiece  of  the  movement  establishes  this  authority  more 
effectively  than  any  printed  constitution  could  do.  It  is  the 
spirit  rather  than  the  form  of  the  organization  that  is  important. 
Revolutionary  industrial  unionism  is  its  essence.  The  socializa- 
tion of  industrial  life  with  the  industry  as  the  unit;  direct  action 
the  means,  using  any  weapon  that  promises  success;  anarchistic 
rather  than  socialistic  toward  all  the  present  forms  of  the  state 
and  toward  all  political  action. 

Effect  of  Movement  on  Employers  and  Unionists.  —  The 
trade  union  leaders  as  well  as  the  employers  have  been  obliged  to 
heed  this  latest  form  of  activity.  Employers  seemed  at  first 
completely  terrorized.  They  have  not  yet  fully  recovered.  Com- 
placent trade  unionists  have  been  given  a  rude  shock.  Even 
socialists  have  felt  the  influence  of  the  direct  actionist  policies. 
A  running  fight  has  been  kept  up  between  the  Industrial  Workers 
and  the  American  Federation  since  the  first.  The  vigorous  and 
effective  attacks  upon  the  trade-union  idea  made  by  the  indus- 
trialists struck  home.    The  Textile  Workers  had  unionized  the 


448    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

more  skilled  of  the  workers  but  had  neglected  or  deliberately 
decided  not  to  include  the  unskilled.  At  Lawrence,  Little  Falls 
and  Paterson  these  unskilled  were  massed  and  turned  against 
both  employers  and  trade  unionists.  The  employers  were 
threatened  with  a  force  they  could  not  measure  or  understand. 
The  trade  unionists  were  met  with  a  group  of  leaders  who  would 
have  nothing  to  do  with  arbitration,  trade  agreements  or  union 
rules.  Very  much  the  same  thing  happened  in  other  places.  In 
one  industry  after  another  where  the  skilled  trades  have  created 
what  is  called  an  organized  labor  aristocracy,  the  leaders  of  the 
Industrial  Workers  have  been  able  to  make  a  successful  appeal 
by  awakening  the  smouldering  fires  of  discontent  and  hopeless- 
ness into  the  flames  of  revolutionary  and  anarchistic  industrial- 
ism. 

The  trade  unionists  have  been  insistent  that  they  could  give 
no  heed  to  the  new  methods.  Their  speakers  and  editorial 
writers  have  been  loud  in  their  denunciation  of  these  "lawless" 
elements.  At  the  same  time  their  organizers  have  gone  to  work, 
more  quietly  but  with  renewed  energy,  to  push  the  lines  of  or- 
ganization further  out  among  the  unskilled.  Choosing  the  lesser 
evil,  employers  have  turned  to  trade-union  leaders  to  secure 
assistance,  making  agreements  on  almost  any  terms  with  the 
national  trade  organizations  in  the  hope  that  by  the  alliance  the 
more  turbulent  element  might  be  brought  under  control.  Such 
arrangements  can  at  best  be  but  temporary  expedients.  No 
permanent  agreements  can  be  made  with  the  Industrial  Workers 
while  their  policy  is  animated  by  its  present  spirit.  A  rather  far 
reaching  readjustment  seems  just  ahead.  Trade  unionism  is 
facing  a  crisis.  Its  leaders  for  the  most  part  seem  very  con- 
servative. Yet  industrial  unionism  is  even  now  making  its  way 
in  the  American  Federation  though  that  wing  has  not  yet  be- 
come revolutionary.  What  the  readjustment  will  be  is  for  the 
future  to  reveal,  not  for  any  present  day  writer  to  relate. 

Attitude  of  American  Federation.  —  The  American  Federa- 
tion denounces  the  general  strike.  Seeking  to  emphasize  this 
position  its  president  urges  that  "justice  and  fairness,  particu- 
larly in  the  interest  of  the  workers,  forbid  a  general  strike." 
Trade  agreements  are  too  important  to  be  jeopardized  in  this 
way.  "  If  agreements  with  employers  are  broken,"  he  argues,  "  it 
is  reasonable  to  suppose  that  they  will  not  readily  enter  into  new 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  449 

agreements."  On  the  other  hand,  the  Industrial  Workers  spurn 
agreements  for  the  very  reason  that  they  do  stand  in  the  way 
of  the  strike.  They  stand  in  no  fear  that  employers  may  re- 
fuse to  enter  into  agreements  with  them.  It  is  rather  they 
who  peremptorily  refuse  any  such  agreements.  While  con- 
servative trade  unionism  is  laying  greater  emphasis  on  the 
maxim  "the  power  of  the  strike  is  in  its  restraint,  not  in  its  pro- 
fusion;" revolutionary  unionism  holds  that  "the  cure  for  lost 
strikes  is  more  strikes;  strikes  more  frequent,  more  aggressive 
and  on  a  larger  scale." 

Its  aim  to  include  all  workers  in  one  single  organization  ap- 
pears to  the  Federation  leaders  as  a  "nerve  so  colossal  that  it  is 
positively  ridiculous.  Of  course  the  two  and  a  half  million 
workingmen  in  the  trade-union  movement  are  entirely  oblivious 
that  they  are  included."  Time  will  put  this  new  movement 
down,  they  declare,  "as  the  most  vapid  and  ridiculous  in  the 
annals  of  those  who  presume  to  speak  in  the  name  of  labor,  and 
the  participants  in  the  gathering  as  the  most  stupendous  im- 
possibles the  world  has  yet  seen." 

At  the  same  time  the  Industrial  Workers  were  characterizing 
their  formidable  opponent  as  the  "American  Separation  of 
Labor, ' '  developing  ' '  crafty  unionism . "  It  is  "  neither  American , 
nor  a  federation,  nor  of  labor."  It  is  "divided  into  116  warring 
factions;"  it  "discriminates  against  workingmen  because  of 
their  race  and  poverty:"  it  allows  members  "to  join  the  militia 
and  shoot  down  other  men  in  time  of  strike;"  it  "creates  three 
types  very  obnoxious  to  the  industrial  unionist:  the  aristocrat  of 
labor,  the  union  scab  and  the  labor  lieutenant." 

The  Ideal :  One  Big  Union.  —  The  ideal  of  One  Big  Union 
has  from  the  beginning  been  kept  to  the  front.  Unions  among 
the  trades  have  not  taken  the  places  that  were  reserved  for  them 
and  that  they  were  expected  to  take.  This  has  confined  the  fol- 
lowing to  the  tradeless  laborer,  a  development  not  deliberately 
planned  but  one  that  has  been  made  the  best  of.  There  was  to  be 
room  for  all.  This  situation  is  aptly  described  as  a  "vast  and 
nearly  empty  structure  with  groups  of  the  lower  grades  of  workers 
in  some  of  the  basic  industries  in  their  proper  place  in  the  scheme, 
but  with  all  the  rest  a  hollow  shell." 

Yet  the  ideal  is  clung  to  with  great  tenacity.  "We  are  going 
down  into  the  gutter,"  says  a  leader,  "to  get  at  the  mass  of  the 


45©    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

workers  and  bring  them  up  to  a  decent  plane  of  living.  I  do  not 
care  a  snap  of  my  finger  whether  or  not  the  skilled  workers  join 
this  industrial  movement  at  the  present  time.  When  we  get 
the  unorganized  and  the  unskilled  laborer  into  this  organiza- 
tion the  skilled  worker  will  of  necessity  come  here  for  his  own 
protection.  Strange  as  it  may  seem  to  you,  the  skilled  worker 
to-day  is  exploiting  the  laborer  beneath  him,  the  unskilled  man, 
just  as  much  as  the  capitalist  is." 

The  call  is  for  "one  great  organization  —  big  enough  to  take 
in  the  black  man,  the  white  man;  big  enough  to  take  in  all 
nationalities  —  an  organization  that  will  be  strong  enough  to 
obliterate  state  boundaries,  to  obliterate  national  boundaries, 
and  one  that  will  become  the  great  industrial  force  of  the  working 
class  of  the  world."  "There  are  two  economic  classes  (labor 
and  capital)  whose  interests  are  diametrically  opposed,  and  be- 
tween the  two  classes  the  struggle  must  and  will  go  on.  In  that 
struggle  there  is  no  compromise  nor  arbitration  nor  anything 
that  can  solve  or  settle  it;  either  labor  has  to  come  into  its  own 
or  go  down."  "We,  the  I.  W.  W.,  stand  on  our  two  feet,  the 
class  struggle  and  industrial  unionism,  and  coolly  say  we  want 
the  whole  earth." 

Impressions :  Historical  View.  —  These  various  close-range 
glimpses  give  different  impressions  according  to  the  angle  from 
which  the  view  is  taken.  But  when  viewed  in  its  historical 
setting  the  Industrial  Workers  of  the  World  appears  as  a  natural 
product  of  evolution.  Class  rivalry  has  always  been  an  im- 
portant factor  in  social  readjustments.  In  the  earlier  centu- 
ries royalty  and  feudal  barons  yielded  to  the  merchant  class. 
The  American  Revolution  itself  in  1776  was  a  middle-class  revo- 
lution. Then  came  the  extension  of  the  suffrage  in  the  political 
and  the  struggle  for  the  legalization  of  the  trade  unions  in  the 
industrial  fields.  These  marked  distinct  stages.  They  cannot 
strictly  be  termed  revolutionary  changes  yet  their  effects  were 
far  reaching.  The  struggle  of  the  artisans  and  skilled  craftsmen 
has  scarcely  subsided  when  the  unskilled  appear  with  their  de- 
mands. For  a  time  satisfied  because  of  their  right  to  the  ballot 
and  hopeful  of  attaining  their  ends  through  its  means,  this  ele- 
ment has  been  relatively  contented.  But  they  are  now  de- 
spairing of  these  hopes.  Trade  unionism  does  not  appeal  to 
them.     They  have  no  trades  around  which  to  form  unions. 


REVOLUTIONARY  INDUSTRIAL  UNIONISM  451 

Socialism  as  an  independent  action  is  not  meeting  their  needs. 
Even  socialism  is  becoming  conservative.  Representatives, 
even  when  put  in  office,  do  not  appear  to  make  progress  in  the 
desired  direction.  Anti-political,  revolutionary,  direct  industrial 
action  appears  to  be  the  only  remaining  recourse. 

The  Future?  —  In  other  words,  one  class  after  another  has 
secured  a  voice  in  the  general  management  of  industrial,  po- 
litical and  social  affairs.  The  movement  has  reached  down  to 
the  unskilled  and  here  the  foment  is  working.  Added  to  it  are 
the  mutterings  of  the  unemployed,  the  rumblings  of  which  have 
been  distinctly  heard  of  late.  The  leaders  of  the  Industrial 
Workers  of  the  World  have  been  far-sighted  enough  to  incor- 
porate this  element  and  it  affords  a  following  the  strength  of 
which  is  by  no  means  uncertain  though  difficult  to  measure 
quantitatively.  Viewed  in  this  way  the  Industrial  Workers 
of  the  World  did  not  come  as  a  surprise.  It  came  as  a  natural 
step  in  our  social,  political  and  industrial  development.  Already 
since  its  inception  some  leaders  have  proven  too  mildly  radical. 
They  are  out.  Others  have  gone  to  the  other  extreme  and,  like 
William  D.  Haywood,  have  been  voted  out  of  the  socialist  and 
other  parties.  The  lines  of  cleavage  have  been  drawn.  They 
may  be  drawn  again.  There  are  now  two  organizations  of  In- 
dustrial Workers  of  the  World,  one  of  which  still  adheres  to  the 
advocacy  of  a  form  of  political  action.  The  Chicago  branch 
represents  the  extreme  of  discontent  and  radicalism.  That  is 
the  situation  at  present.  It  may  be  that,  following  precedents 
established  by  other  radical  groups,  these  leaders  may  acquire 
some  power  and  come  to  recognize  some  responsibility.  If  such 
be  the  case,  they  should,  according  to  past  experience,  become 
more  conservative,  or  at  least  less  radical.  In  doing  so,  they 
will  carry  with  them  a  portion  of  their  following  but  leave  be- 
hind another  portion.  This  new  segregation  will  give  rise  to  a 
new  organization,  new  leaders  and  new  followers  with  a  new 
name  but  still  voicing  the  ultra-radical  and  impossible  demands 
of  the  new  day.  Its  appearance  will  startle  many  and  shock 
some.  In  the  mean  time  the  Industrial  Workers  of  the  World 
will  take  its  place  with  the  trade  unions  —  themselves  once 
looked  upon  as  the  anarchistic  element  of  industrial  workers  — 
and  the  political  socialists  —  still  regarded  by  many  as  the  revo- 
lutionary element  in  political  life.    As  both  of  these  organiza- 


452    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

tions,  the  unions  and  the  socialists,  have  acquired  a  social  re- 
spectability, so  the  Industrial  Workers  may,  by  changes  due  to 
the  same  forces,  become  "respectable."  In  that  case  it  may  be 
that  we  shall  see  the  Industrial  Workers  directing  their  at- 
tacks upon  the  later  and  newer  leaders  whom  they  may  in  turn 
characterize  as  men  of  "colossal  nerve";  a  group  of  "most 
stupendous  impossibles"  who  are  seeking  to  undermine  the 
foundations  and  defeat  the  glorious  purposes  of  the  Industrial 
Workers  of  the  World.  Though  dependent  upon  imagination 
to  picture  the  details  of  such  a  development,  its  main  features 
are  by  no  means  outside  of  the  realm  of  the  possible.  More 
than  ever  before  is  it  true,  however,  that  the  development  of 
such  a  situation  is,  at  the  present,  fairly  well  within  social  con- 
trol. How  important  and  how  radically  disturbing  this  future 
"remnant"  will  be  depends  largely  if  not  entirely  upon  policies 
now  being  formulated  and  applied. 


PART  VI 
CONCLUSION 


CHAPTER  XXIX 
UNIONISM 

Without  the  presentation  of  any  more  material  or  the  discus- 
sion of  other  policies  and  activities,  the  question  must  now  be 
raised:  What  is  American  unionism?  To  such  a  question  several 
answers  may  be  given.  It  is  an  historical  product.  It  is  a  part 
of  our  national  industrial  activity.  It  is  a  form  of  organization, 
or  more  properly,  it  is  composed  of  a  variety  of  forms  of  organiza- 
tion. It  is  a  means  of  competing  with  employers.  It  is  a  fight- 
ing machine  by  which  its  members  seek  to  add  to  their  share  of 
the  community's  wealth  at  the  expense  of  other  groups  in  the 
community.  It  is  an  organization  that  seeks  to  improve  its  own 
situation  directly  and  others  indirectly.  It  is  one  of  the  asso- 
ciated movements  by  which  standards  of  living  are  to  be  raised 
and  means  furnished  for  supporting  these  rising  standards;  one 
of  the  general  social  uplift  agencies.  It  may  be  viewed  as  an 
evolution.  It  may  be  looked  upon  as  a  structure.  It  may  be 
understood  as  a  function.  It  may  be  regarded  as  a  means  to  the 
accomplishment  of  an  end,  in  which  the  spirit  of  unionism  be- 
comes the  element  of  primary  importance. 

The  preceding  chapters  have  sought  to  throw  some  light  upon 
each  of  these  phases  of  unionism  separately.  It  is  only  by  taking 
them  all  together  that  they  can  be  made  to  reveal  its  true  spirit. 
Even  then  the  spirit  is  elusive.  The  spirit  of  any  movement  is 
much  more  difficult  to  catch  and  reduce  to  a  printed  page  than 
is  its  form.  In  the  case  of  unionism  the  difficulty  is  aggravated 
by  the  confusions  and  the  dangers  of  misrepresentation  that 
exist  at  every  point. 

The  Ideal.  —  The  spirit  of  unionism  finds  expression  in  a 
variety  of  forms.  This  variety  is  often  so  great  and  the  contrasts 
so  striking  that  errors  arise  from  a  failure  to  include  the  wider 
scope  within  the  field  of  vision.  There  is,  for  example,  a  favorite 
form  of  statement  that  often  becomes  very  inclusive.  "Half 
conscious  though  it  be,"  says  one  of  the  idealistic  admirers, 

455 


456    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

"  the  labor  movement  is  a  force  pushing  toward  the  attainment 
of  the  purpose  of  humanity;  in  other  words,  the  end  of  the 
growth  of  mankind,  —  namely  the  full  and  harmonious  develop- 
ment in  each  individual  of  all  human  faculties  —  the  faculties 
of  working,  perceiving,  knowing,  loving;  the  development,  in 
short,  of  whatever  capabilities  of  good  there  may  be  in  man." 
"The  labor  movement,"  continues  the  statement,  "in  its  broad- 
est terms  is  the  effort  of  men  to  live  the  lives  of  men.  It  is  a 
systematic,  organized  struggle  of  the  masses  to  obtain  primarily 
more  leisure  and  larger  economic  resources;  but  that  is  not 
by  any  means  all,  because  the  end  and  purpose  of  all  is  a  richer 
existence  for  the  toilers,  and  that  with  respect  to  mind,  soul  and 
body." 

Such  statements  may  be  duplicated  again  and  again  from 
union  literature.  Preambles,  declarations  and  resolutions  are 
filled  with  expressions  of  an  exalted  idealism  toward  which 
unions  are  struggling. 

The  Practical.  —  On  the  other  hand,  much  may  be  heard  and 
read  that  is  far  from  idealistic.  The  hatred  for  the  non-union 
man,  the  denunciation  of  the  employer,  the  destructive  ten- 
dencies manifested  in  times  of  strike  or  boycott,  all  these  ap- 
pear even  side  by  side  with  actions  and  statements  that  seem 
in  no  possible  way  reconcilable.  Yet  wage  scales,  trade  agree- 
ments, shorter  hours;  strikes,  closed  shops,  picketing,  intimi- 
dation; all  are  a  part  of  the  same  whole  into  which  enter  such 
expressions  as  larger  living  and  loftier  outlook. 

Their  Combination.  —  Unionism  has  ideals.  Unionism  has 
also  been  obliged  to  struggle  even  for  an  existence.  It  has  found 
itself  in  the  midst  of  stern  realities  and  under  the  sharp  necessity 
for  being  very  practical.  In  more  recent  times  the  question  of 
continued  existence  has  not  been  so  acute.  Yet  the  danger  of 
extermination  has  not  entirely  passed.  Leaders  are  constantly 
under  the  influence  of  the  effects  of  the  struggle  for  existence. 
In  times  of  comparative  quiet  the  ideals  find  expression.  Some- 
times these  lead  to  pretty  clear  and  definite  action.  At  other 
times  there  is  indefinite  groping;  a  vague  reaching  out  into  a 
dark  future.  In  times  of  stress  and  rivalry  these  ideals  give 
way  to  prompt  and  positive  action,  a  program  that  appears  to 
be  very  frankly  opportunist.  As  relations  shift  in  the  strain  of 
industrial  strife  different  phases  of  policy  appear,  always  sug- 


UNIONISM  457 

gested  by  immediate  needs  and  often  misunderstood  by  the 
uninitiated.  For  these  reasons  interpretation  of  any  one  phase 
must  be  undertaken  with  caution  and  must  be  kept  within 
strict  limits. 

Results  of  the  Combination.  —  The  fight  for  existence  cou- 
pled with  the  emphasis  upon  larger  idealism  has  not  infrequently 
led  to  serious  misunderstanding.  False  impressions  are  created 
in  the  minds  of  many,  both  inside  and  outside  the  unions.  The 
trial  of  the  officers  of  the  Western  Federation  of  Miners  for  the 
murder  of  Governor  Steunenberg  of  Idaho  or  of  the  dynamite 
plotters  of  the  Structural  Iron  Workers  caused  much  commotion 
in  all  labor  circles.  Leaders  saw  in  the  prosecution  of  the  cases 
a  necessity  for  united  action.  Unions  have  become  strong 
enough  to  attract  the  serious  attention  of  employers  and  even 
to  lead  them  to  combine  in  their  opposition.  Such  acts  as  those 
to  which  reference  has  just  been  made  the  employers  could 
not  be  expected  to  allow  to  pass  unnoticed.  Unionists  looked 
upon  the  prosecution  as  a  plan  by  which  the  employers  were 
going  to  renew  their  efforts  to  overthrow  unionism  itself.  If 
through  the  trial  of  union  officials  unionism  was  to  be  attacked 
then  unionism  must  defend  itself  through  the  defense  of  these 
same  officials.  In  that  way  must  the  movement  be  supported. 
In  accordance  with  that  attitude  large  sums  were  raised  by  as- 
sessment of  members  over  the  entire  country  in  order  to  carry 
on  the  fight  in  the  form  of  a  court  trial.  Thrown  in  this  way  on 
the  defensive,  they  fought  with  a  zeal  born  of  desperation,  per- 
haps, rather  than  of  judgment.  There  could  be  no  doubt  of 
devotion  to  the  cause  of  unionism  in  such  a  time  of  peril. 

Again,  it  may  be  shown  that  the  accumulation  of  large  sums 
of  money  to  accomplish  the  purpose  of  federating  "  the  manufac- 
turers of  the  country  to  effectively  fight  industrial  oppression" 
has  been  met  by  the  defense  funds  of  the  unions.  If  this  new 
force  was  to  be  directed  to  the  practical  result  of  eliminating 
from  all  shops  union  leaders  in  particular  and  union  men  in 
general  in  the  name  of  the  freedom  of  the  laborer,  then  the 
unionist  must  reply  with  his  closed-shop  policy  and  his  insistence 
that  all  workers  who  wanted  employment  should  come  into 
the  unions.  When  employers  used  espionage  in  detecting  plans 
and  thwarting  the  union's  purposes,  their  officers  have  often 
replied  in  kind  and  resorted  to  blackmail  and  other  unjustifiable 


458    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

methods.  Whatever  the  methods  used  by  opponents,  they  must 
be  met  by  counter  attacks  with  similar  methods.  Whatever  was 
attacked  must  be  defended.  Shrewdness  on  the  part  of  union- 
ism's opponents  has  naturally  dictated  that  attacks  be  leveled 
at  the  most  vulnerable  points.  The  loyalty  of  the  unionists  has 
prompted  the  defense  at  this  point,  not  because  of  its  inherent 
worth  or  essential  value  to  the  movement  but  because  defeat 
at  this  point  would  seem  to  weaken  the  whole  defense. 

The  mistakes  in  judgment  at  these  points  must  of  course  be 
open  to  criticism.  In  so  far  as  the  methods  adopted  have  been 
contrary  to  public  security  or  welfare,  they  must  be  condemned. 
But  condemnation  of  these  matters  should  not  stop  short  at 
unionism.  Where  they  are  provoked  by  actions  on  the  part  of 
employers  that  are  equally  unjustifiable  when  judged  by  the 
same  standards,  then  the  employers'  association  must  not  be 
allowed  to  escape.  If  indeed  there  is  to  be  any  difference  at  all 
in  condemnation,  the  heavier  burden  must  be  made  to  rest  upon 
employers  and  not  upon  workmen.  Employers  have  the  re- 
sponsibility as  well  as  the  advantage  of  superior  ability,  superior 
opportunity  and  superior  position. 

Idealism  Plus  Opportunism.  —  Unionism  examined  in  this 
way  will  be  much  easier  of  comprehension.  The  idealism  on 
the  one  hand  and  the  practical  opportunism  on  the  other  are 
not  irreconcilable.  The  opportunism  of  the  union  movement 
grows  out  of  the  obstacles  that  are  to  be  met  and  overcome. 
The  idealism  arises  from  purposes  well  conceived  and  am- 
bitions that  are  both  progressive  and  lofty. 

Union  activities  center  around  collective  bargaining.  Col- 
lective bargaining  opens  the  way  for  industrial  liberty.  In- 
dustrial liberty  is  essential  to  all  liberty.  Liberty  is  necessary 
to  the  realization  of  fullness  of  life.  Such  are  the  stages  in  the 
analysis  of  unionism.  Though  they  are  not  all  apparent  in  the 
every-day  unionism  that  one  sees  and  hears  so  much  of,  none 
the  less  they  form  an  undivided  chain  no  link  of  which  is  intel- 
ligible if  taken  apart  from  the  others. 

Collective  Bargaining  Essential  to  Unionism.  —  Much  has 
been  gained  in  recent  years  in  the  contention  of  organized 
laborers  that  the  only  fair  bargaining  is  collective  on  the  part 
of  employees.  For  it  they  have  won  much  support.  Yet  they 
insist  upon  its  importance  beyond  this  point.     In  an  earlier 


UNIONISM  459 

day  when  even  the  formation  of  a  society  to  discuss  wages  was 
illegal  conspiracy,  that  method  of  bargaining  had  no  sanction 
except  among  the  workmen  themselves.  It  has  been  established 
more  recently  that  associations  of  laborers  for  the  purpose  of 
maintaining  wages  or  other  favorable  conditions  of  labor  are 
not  only  not  illegal,  they  are  positively  beneficial.  This  is  very 
generally  accepted.  But  the  unions  go  further.  It  is  not  enough 
to  say  that  unions  may  be  formed  and  bargaining  may  be  carried 
on  through  them.  Unions  must  be  formed  and  bargaining 
must  be  collective.  The  employer  openly  objects  to  this.  The 
community  is  not  ready  to  accept  it.  Yet  unionism  insists 
upon  it.  Here  lies  a  difference  and  a  source  of  misunderstand- 
ing. Unionists  are  not  content  with  stopping  at  the  right  to 
associate  and  being  stopped  in  the  policy  of  enforcing  collective 
bargaining  on  all  laborers.  The  community  generally  insists 
that  the  right  to  associate  marks  the  limit  of  the  rights,  either 
legal  or  moral,  of  the  unions.  The  situation  appears  to  the 
general  community  as  one  in  which  the  individual  worker  must 
be  protected  against  this  coercion  that  unions  would  impose 
upon  them.  Employers  have  been  quick  to  seize  the  advantage. 
It  must  be  insisted,  however,  that  whatever  the  employer  may 
say  about  the  necessity  of  preserving  to  every  man  and  woman 
the  liberty  of  bargaining  individually  cannot  be  taken  seriously. 
It  is  couched  in  such  familiar  words  that  at  first  it  seems  con- 
vincing. Yet  the  self-interest  in  the  plea  is  so  apparent  that 
it  cannot  conceal  itself  for  long.  The  employer's  side  of  the 
issue  must  be  stated  in  other  terms  more  frank  and  more  sincere 
if  it  is  to  carry  weight.  Even  judges  in  expressing  official  opin- 
ions on  this  situation  have  penetrated  the  disguise  when  legal 
rights  were  involved.  "It  is  a  notable  fact  in  this  connection," 
says  one  judge  in  writing  the  opinion  of  the  court,  "that  the 
alleged  constitutional  right  of  the  laborer  to  contract  his  labor 
at  any  price  which  seems  to  him  desirable  is  not  in  this  or  any 
other  reported  case  a  claim  urged  by  the  laborer,  but  the  earnest 
contention  in  his  behalf  is  made  by  the  contractors  who  are 
reaping  the  benefits"  of  a  situation  where  the  law  has  not  pre- 
viously protected  the  individual  and  unorganized  workman. 
In  another  case  it  is  written:  "It  may  not  be  improper  to 
suggest  in  this  connection  that  although  the  prosecution  in 
this  case  was  against  the  employer  of  labor,  who  apparently 


460    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

under  the  statute  is  the  only  one  liable,  his  defence  is  not  so 
much  that  his  right  to  contract  has  been  infringed  upon,  but 
that  the  act  works  a  peculiar  hardship  to  his  employees,  whose 
right  to  labor  as  long  as  they  please  is  alleged  to  be  thereby 
violated.  The  argument  would  certainly  come  with  better 
grace  and  greater  cogency  from  the  latter  class." 

The  real  situation  must  be  clearly  seen.  The  employer  finds 
that  he  can  make  a  better  bargain  by  closing  with  each  indi- 
vidual separately.  The  laborer  who  regards  his  class  interest 
sees  as  clearly  that  by  bargaining  collectively  he  can  meet  the 
employer  on  terms  more  nearly  equal.  The  non-union  man 
thus  becomes  a  factor  of  importance.  The  employer  is  directly 
concerned  in  keeping  him  out  of  the  union.  It  is  natural  that 
he  should  be.  It  is  to  his  business  interests  though  he  seeks 
to  conceal  the  fact  behind  an  assumed  concern  in  the  individual 
rights  of  the  laborer.  The  unionist  is  just  as  vitally  concerned 
in  bringing  him  into  the  union,  primarily,  too,  for  the  good  of 
the  union  laborers.  Their  bargaining  both  for  themselves  and 
for  other  laborers  will  be  more  favorable. 

The  Closed  Shop  and  Collective  Bargaining.  —  Collective 
bargaining  has  other  practical  phases.  When  necessary  the 
closed  shop  becomes  one  of  the  demands  of  unionism.  Its  rela- 
tion to  collective  bargaining,  however,  should  be  clearly  under- 
stood. The  subject  has  been  dealt  with  in  a  separate  chapter. 
At  the  risk  of  unnecessary  repetition  it  may  be  referred  to  again. 
It  cannot  be  made  too  important.  Evidence  gathered  from  a 
wide  variety  of  sources  makes  it  quite  plain  that  individual  bar- 
gaining resolves  itself  sooner  or  later  into  a  statement  by  the 
employer  of  what  he  will  pay.  This  the  laborer  may  accept  or 
not,  as  he  pleases.  A  leading  railroad  in  a  part  of  its  educational 
advertising  says:  "The  company  has  always  recognized  the  right 
of  any  man  to  labor  upon  whatever  terms  he  and  his  employer 
may  agree,  whether  he  belongs  to  a  labor  organization  or  not." 
But  in  fact  a  railroad  employs  men  generally  in  gangs,  especially 
the  more  unskilled  labor.  Boards  of  directors  and  executive 
committees  decree  what  wage  scales  shall  be.  They  are  final. 
The  laborer  may  accept  them  or  look  for  work  elsewhere.  When 
one  of  the  brotherhoods  of  employees  speaks,  however,  there 
is  then  something  like  real  bargaining  even  though  it  does  not 
speak  for  its  own  members  alone.    Another  large  employer  of 


UNIONISM  461 

labor  registers  it  as  his  opinion  that  an  employer  should  set 
the  wages  and  conditions  of  labor  just  as  he  sets  the  price  of 
his  goods.  If  he  sets  wages  too  low,  he  will  get  no  labor,  just 
as  he  will  make  no  sales  if  he  sets  prices  too  high.  As  to  the 
individual  laborer,  his  bargaining  consists  in  deciding  whether 
or  not  to  take  the  job  on  the  conditions  set  by  the  employer. 
It  is  the  same  as  in  the  case  of  a  purchaser  in  a  store;  if  the 
price  suits  him,  he  buys;  if  not,  he  is  not  forced  to  make  any 
purchases.  Many  employers  hold  this  same  philosophy.  In- 
dividual bargaining  has  an  outcome  that  is  all  too  evident. 
The  laborer  of  unionist  tendencies  will  have  nothing  of  it  if 
he  can  help  himself.  He  will  also  prevent  other  laborers  from 
submitting  to  it  if  he  can. 

The  Non-Unionist.  —  Again  the  non-unionist  comes  in  for 
his  share  of  consideration.  It  is  shown  by  much  evidence  that 
the  open  shop  easily  becomes  the  anti-union  shop.  But  even 
if  union  men  are  not  discriminated  against,  still  the  open  shop 
remains  to  the  union  man  a  denial  of  the  right  to  bargain  col- 
lectively. When  non-union  men  come  in,  the  union  scale  is 
broken,  union  standards  fall  and  the  purposes  of  unionism  are 
defeated.  The  non-union  man  has  received  by  far  more  atten- 
tion than  he  really  deserves.  He  is  not  very  well  understood 
by  many  who  talk  about  him.  Employers  have  eulogized  him, 
seeing  in  him  the  salvation  of  all  good  qualities  of  Americanism. 
Usually  he  is  greeted  with  open  arms  and  large  pay  by  an  em- 
ployer who  wishes  to  break  a  strike.  After  the  strike  is  over,  even 
if  won  by  the  employer,  these  valuable  men  are  allowed  to  drift 
on  and  their  places  are  filled  by  the  older  men  who  one  by  one 
find  their  way  back  to  their  old  jobs.  President  Emeritus  Eliot 
has  made  himself  very  well  known  to  labor  leaders  through 
his  insistent  championship  of  the  non-union  man,  the  strike 
breaker.  This  champion  sees  in  labor  more  than  many  a  laborer 
has  been  able  to  see.  "The  only  limit  that  a  man  should  desire 
to  put  on  labor  is  the  amount  his  bodily  health  and  strength 
will  permit.  I  don't  want  my  labor  limited  to  any  less,  that 
much  is  joy;  and  I  voice  a  profound  contempt  for  the  man  who 
wishes  to  do  less  than  he  can.  .  .  .  Money  doesn't  pay  the 
laborer;  besides  this  there  is  the  joy  of  taking  part  in  the  great 
machine  of  men  and  women  working  together  to  produce  as 
much  as  possible."    Could  such  a  condition  be  realized  in  the 


462    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

doing  of  all  the  work,  labor  troubles,  as  well  as  most  other 
troubles,  would  probably  cease.  Many  an  employer  appears  to 
his  employees  to  be  quite  willing  that  money  should  not  pay  the 
laborer;  he  seems  very  agreeable  to  the  proposition  that  the 
"joy  of  taking  part  in  the  great  machine  of  men  and  women 
working  together  to  produce  as  much  as  possible"  should  be 
the  reward.  Those  who  come  nearest  to  being  a  part  of  this 
great  machine  of  men  and  women  seem  least  willing  to  take 
their  pay  in  joy.  Because  of  the  influential  advocacy  of  strike 
breakers  by  President  Emeritus  Eliot,  they  have  come  to  be 
known  among  union  men  as  "Eliot's  Heroes." 

Though  speaking  on  the  more  general  subject  of  strikes  and 
the  use  of  violence  to  enforce  them,  the  Anthracite  Coal  Strike 
Commission  has  set  forth  the  side  of  the  non-union  man  very 
clearly.  The  right  to  organize  and  to  strike  is  admitted.  Fur- 
ther, the  beneficence  of  labor  unions  is  acknowledged,  in  that 
though  somewhat  slowly  and  intermittently  they  have  made 
real  progress  in  improving  relations  between  employer  and  em- 
ployed. The  strike  to  enforce  demands,  "whether  wise  or  un- 
wise in  inception  and  purpose,  is  an  exercise  of  no  more  than 
the  legal  rights  that  belong  collectively  to  its  members."  Con- 
sidering the  man  who  does  not  wish  to  strike  or  the  man  who 
prefers  not  to  join  a  union,  the  Commission  has  the  following 
to  say: 

"The  right  to  remain  at  work  where  others  have  ceased  to 
work,  or  to  engage  anew  in  work  which  others  have  abandoned, 
is  part  of  the  personal  liberty  of  a  citizen  that  can  never  be  sur- 
rendered, and  every  infringement  thereof  merits  and  should 
receive  the  stern  denouncement  of  the  law.  All  government 
implies  restraint,  and  it  is  not  less  but  more  necessary  in  self- 
governed  communities  than  in  others  to  compel  restraint  of  the 
passions  of  men  which  make  for  disorder  and  lawlessness.  Our 
language  is  the  language  of  a  free  people  and  fails  to  furnish 
any  form  of  speech  by  which  the  right  of  a  citizen  to  work  when 
he  pleases,  for  whom  he  pleases,  and  on  what  terms  he  pleases, 
can  be  successfully  denied.  The  common  sense  of  our  people, 
as  well  as  the  common  law,  forbids  that  this  right  should  be 
assailed  with  impunity.  It  is  vain  to  say  that  the  man  who 
remains  at  work  while  others  cease  to  work,  or  takes  the  place 
of  one  who  has  abandoned  his  work,  helps  to  defeat  the  aspira- 


UNIONISM  463 

tions  of  men  who  seek  to  obtain  better  recompense  for  their 
labor  and  better  conditions  of  life.  Approval  of  the  object  of 
a  strike  or  persuasion  that  its  purpose  is  high  and  noble  cannot 
sanction  an  attempt  to  destroy  the  right  of  others  to  a  different 
opinion  in  this  respect,  or  to  interfere  with  their  conduct  in 
choosing  to  work  upon  what  terms  and  at  what  time  and  for 
whom  it  may  please  them  so  to  do. 

"The  right  thus  to  work  cannot  be  made  to  depend  upon  the 
approval  or  the  disapproval  of  the  personal  character  and  con- 
duct of  those  who  claim  to  exercise  this  right.  If  this  were 
otherwise,  then  those  who  remain  at  work  might,  if  they  were 
in  the  majority,  have  both  the  right  and  the  power  to  prevent 
others  who  choose  to  cease  to  work  from  so  doing. 

"This  all  seems  too  plain  for  argument.  Common  sense  and 
common  law  alike  denounce  the  conduct  of  those  who  interfere 
with  this  fundamental  right  of  the  citizen.  The  assertion  of  the 
right  seems  trite  and  commonplace,  but  that  land  is  blessed 
where  the  maxims  of  liberty  are  commonplaces." 

Against  such  an  estimate  may  be  placed  another,  attributed 
to  Dr.  Rainsford  and  going  the  rounds  of  the  labor  press.  "The 
scab  is  on  a  lower  moral  level  than  the  union  man.  This  may 
be  an  unpleasant  doctrine,  but  it  is  only  the  truth,  and  both 
scab  and  labor  unionist  know  and  admit  it.  The  scab  has  set 
himself  against  the  recognized  armies  of  his  class  and  has  be- 
come a  traitor  to  his  cause.  I  am  not  saying  that  that  cause  as 
advocated  is  necessarily  good  and  just;  whether  it  be  either  or 
neither  does  not  make  any  difference.  He  has  been  forced  to 
obey  the  crudest  of  all  instincts  —  that  of  self-preservation  — 
and  to  do  this  he  has  sinned  against  a  higher,  later,  more  com- 
plex, more  advanced  social  instinct  —  viz.,  the  instinct  of  class 
preservation,  of  class  consciousness.  To  fill  his  belly  he  has 
betrayed  his  cause,  and  to  betray  it  is  to  sin  the  unforgivable 
sin."  Again  there  is  the  curt  reply  that  emphasizes  the  differ- 
ences between  the  moral  and  the  legal  rights  of  the  case.  "The 
trade  union  policy  concedes  the  legal  right  of  the  strike  breaker 
to  earn  his  diploma  of  Doctor  of  Heroics,  the  latest  addition  to 
the  degrees  conferred  by  the  head  of  Harvard  University,  but 
it  emphatically  denies  his  moral  right  so  to  do."  The  opposition 
is  argued  again  in  another  and  more  practical  way.  The  fight 
of  unions  to  control  the  labor  supply  is  the  same  as  that  of  the 


464    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

employer  to  control  capital.  Directors  and  executive  commit- 
tees, as  is  well  known,  represent  minorities  of  stockholders. 
They  claim  to  know  best  the  interests  of  all  and  insist  that  they 
act  accordingly.  Even  in  fields  other  than  business  it  is  often 
the  active,  organized  minority  that  controls;  that  is,  in  fact, 
expected  to  control.  The  claims  urged  by  unions  that  they 
represent  labor  appear  from  this  point  of  view  not  so  far  fetched. 
Labor  leaders  have  the  backing  of  an  organized  movement;  union 
labor  is  the  nucleus  of  the  aggressive  spirit  of  labor  as  a  whole. 

The  Non-Unionist  and  Liberty.  —  Liberty  to  the  laborer  has 
a  quite  different  meaning  than  to  other  classes.  It  is  much  more 
concrete.  Historical  experiences  still  linger  in  memory.  Eng- 
lish history  has  been  carefully  studied.  Equality  of  liberty  the 
laborers  do  not  care  to  intrust  too  fully  to  the  employing  class. 
The  middle-class  standards  and  ideals  of  a  half  century  and  a 
little  more  ago  were  very  narrow.  Couched  in  general  terms, 
it  was  clear  by  the  way  in  which  they  were  applied  that  their 
blessings  were  intended  only  for  the  middle  class.  The  Webbs, 
in  their  History  of  Trade  Unionism,  have  made  this  clear  so 
far  as  the  English  middle  classes  were  concerned.  "The  flagrant 
injustice  of  the  old  Master  and  Servant  Acts  seemed  justifiable 
even  to  a  middle-class  Parliament."  In  accordance  with  these 
laws  when  an  employer  broke  a  contract  for  service,  whatever 
the  circumstances,  he  could  be  sued  for  damages.  If  the  work- 
man broke  his  contract  for  service  and  absented  himself  from 
his  work  he  was  liable  for  a  criminal  offense,  the  penalty  being 
imprisonment  for  three  months.  A  master  sued  by  a  servant 
could  testify  in  his  own  defense;  a  servant  when  tried  could  not. 
Often  the  only  evidence  brought  against  the  servant  was  that 
of  the  employer.  On  an  information  or  oath  a  single  justice  of 
the  peace  could  issue  a  warrant  for  arrest  of  a  workman.  The 
trial  could  be  held  at  the  private  house  of  the  justice.  The  only 
penalty  was  imprisonment,  there  being  no  alternative  fine.  The 
decision  of  the  one  justice  was  final,  there  being  no  appeal.  The 
justices  of  the  peace  were  generally  themselves  employers  of 
labor.  The  right  to  strike  had  been  established  but  the  agree- 
ment to  do  anything  in  prosecution  of  the  strike  was  a  con- 
spiracy. All  this  in  nineteenth-century  England  where  liberty 
was  very  much  talked  about. 

American  workmen  know  of  these  experiences.    It  gives  warn- 


UNIONISM  465 

ing  to  them  to  look  behind  the  words  when  they  hear  employers 
talking  so  glibly  about  liberty  of  action  and  freedom  of  contract. 
The  kind  of  bargaining  that  they  experience  when  the  unions 
are  broken  down  and  when  the  non-union  man  is  used  as  a 
type  of  American  manhood  is  a  kind  of  bargaining,  they  insist, 
that  does  not  lead  to  freedom.  A  statement  that  leaders  are 
fond  of  quoting  runs  as  follows:  "Liberty  does  not  consist  in 
a  theoretical  right,  but  in  the  possibility  of  exercising  it.  The 
power  to  be  free,  in  a  regime  which  puts  the  workingman's  life 
at  the  mercy  of  supply  and  demand;  which  exposes  himself,  his 
wife  and  his  children  to  the  hardships  of  a  competition  that 
knows  no  moderation;  which  sets  no  limit  to  his  exploitation 
except  the  interests  of  those  who  employ  him,  —  the  power  to 
be  free  in  such  conditions,  when  the  need  of  subsistence  is  so 
pressing  as  to  permit  of  no  waiting,  no  choice,  no  hesitation, 
does  not  exist  and  consequently  the  laborer  is  not  free."  To  this 
is  added  the  statement  attributed  to  Horace  Greeley.  "To 
talk  of  the  freedom  of  labor,  the  policy  of  leaving  it  to  make 
its  own  bargains,  when  the  fact  is  that  a  man  who  has  a  family 
to  support  and  a  house  hired  for  the  year  is  told:  'If  you  will 
work  thirteen  hours  per  day  or  as  many  as  we  think  fit,  you  can 
stay;  if  not,  you  can  have  your  walking  papers;  and  well  you 
know  that  no  one  else  hereabout  will  have  you;'  —  is  it  not 
most  egregious  flummery?  "  Stated  still  again,  this  time  more  in 
the  form  that  has  much  of  the  ring  of  a  challenge,  the  President 
of  the  American  Federation  of  Labor  declares:  "As  between 
the  employer's  concepts  of  liberty  for  workers  and  the  demands 
of  the  workers  for  the  liberty  they  find  necessary  to  enable  them 
to  live  like  men,  the  nation  must  choose." 

Faults  of  Unionism  Exaggerated.  —  Looking  to  the  other 
side  of  unionism,  there  are  two  important  matters  to  consider. 
Unionism  cannot  be  regarded  as  having,  as  a  movement,  at- 
tained perfection.  Far  from  it,  as  a  matter  of  fact.  But  one 
important  consideration  is  that  its  shortcomings  are  very  much 
exaggerated.  The  general  reading  public  learn  from  the  daily 
press  but  little  of  what  unions  are  doing  in  ordinary  times. 
Their  virtues  are  not  cried  from  the  housetops.  But  when  there 
is  an  outbreak  and  the  fighting  spirit  of  the  laborers  is  aroused 
by  the  cool  consciousness  of  superior  advantage  displayed  by 
the  employer,  the  events  are  shouted  at  the  reading  public  in 


466    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

first  page  head  lines  of  startling  size  and  color.  Journalism 
thrives  on  the  sensational  and  seizes  upon  any  opportunity  to 
exploit  any  event  whether  a  labor  controversy  or  any  other 
event  of  the  community  life.  Assault  and  battery,  destruction 
of  property,  interference  with  car  or  train  running;  one  act  of 
any  of  these  receives  more  space  and  attention  than  all  the  work 
of  a  year  of  all  the  unions  of  a  community  in  their  own  mutual 
aid  and  fraternal  activities.  It  is  pointed  out  that  men  do  not 
live  up  all  the  time  to  the  ideals  of  the  church,  the  state,  the 
commercial  world,  or  fraternal  orders.  Yet  the  public  does  not 
hold  such  exceptions  as  characterizing  the  purposes  of  these 
societies  or  institutions.  Irrational  as  it  seems,  a  large  portion 
of  the  public  judges  labor  unions  by  acts  that  are  in  fact  excep- 
tional rather  than  ordinary.  Thus  it  comes  about  through  un- 
satisfactory journalism  and  an  unfortunate  habit  of  public 
thought  that  labor  unions  are  often  in  disfavor  because  of  faults 
that  they  do  not  possess  and  traits  that  do  not  characterize 
them.  If  the  truth  could  be  generally  known,  the  standing  of 
unionism  would  be  greatly  improved. 

Unionism  Not  Without  Faults.  —  But  even  if  this  were  so, 
there  would  still  be  a  basis  for  criticism.  Unions  do  many 
things  that  should  not  be  done;  many  things,  in  fact,  that  defeat 
their  own  higher  purposes.  They  are  not  as  regardful  of  con- 
tracts as  they  should  be.  In  time  of  strike  they  have  not  as 
strict  a  regard  as  they  should  have  for  the  rights  either  of  other 
laborers,  of  property  owners  or  of  employers.  They  often  adopt 
policies  that  are  heartless  and  oppressive.  Revenge  not  infre- 
quently figures  prominently  in  guiding  their  actions.  They 
restrict  output,  reach  out  for  a  monopoly  of  the  labor  supply, 
seek  to  establish  arbitrary  control  over  the  supply  of  labor,  and 
over  the  machinery  and  the  materials  that  shall  be  used.  In- 
dividual leaders  raise  themselves  to  authority  by  demagogic 
appeals  and  then  find  that  they  can  retain  their  leadership  only 
by  reckless  acts  as  they  won  it  by  reckless  words.  Locals  some- 
times acquire  a  reputation  for  irresponsible  action  and  remain 
powerful  enough  to  resist  the  discipline  that  the  national  officers 
may  seek  to  enforce.  Or,  for  reasons,  the  national  officials  may 
wink  at  the  irresponsibility  of  the  local.  In  this  way  a  whole 
national  may  be  characterized  by  the  actions  of  one  or  two 
obstreperous  locals.     Opportunities  for  self-advancement  may 


UNIONISM  467 

stimulate  leaders  to  acquire  power  in  order  that  they  may  sell 
out  for  the  price  that  seems  always  ready  to  be  offered.  Cor- 
ruption, bribery,  blackmail,  lawlessness  in  more  forms  than  a 
few  appear  and  from  them  the  unions  cannot  escape  responsi- 
bility. No  one  can  safely  condone  them.  No  union  can  afford  to 
overlook  them,  much  less  secretly  harbor  them.  They  must  be 
frankly  admitted  to  exist.  The  leaders  themselves  must  not 
deny  them.  It  is  detrimental  to  all  unionism  for  them  to  at- 
tempt denial.  The  burden  of  shouldering  these  responsibilities 
is  heavy.  It  handicaps  the  better  class  of  leaders  very  seriously. 
To  deny  the  faults  of  unions  is  well-nigh  suicidal  to  the  cause. 
To  admit  them  frankly  would,  on  the  other  hand,  disarm  much 
criticism.  It  would  clear  the  atmosphere  of  much  of  the  haze 
that  now  obscures  clear  vision  and  make  possible  a  much  clearer 
view  of  the  ideal  of  unionism  as  contrasted  with  the  practices 
of  some,  or  even  many,  of  the  unions. 

Nature  of  Opposition  to  Unionism :  Individualism.  —  As 
the  activity  of  unions  is  shaped  largely  by  the  opposition  they 
encounter,  it  will  be  profitable  to  notice  more  in  detail  this  oppo- 
sition. First  there  is  the  individualist  who  interprets  all  human 
relations  in  the  light  of  his  particular  philosophy.  To  such  an 
one  the  idea  of  subjecting  one's  self  to  the  interests  of  a  group 
whose  improvement  is  made  a  mutual  concern  is  quite  incom- 
prehensible, and  the  practice  is  wholly  unjustifiable.  Extreme 
individualism  leaves  no  room  for  cooperation  by  which  one 
surrenders  an  advantage  of  one  kind  for  a  gain  much  greater. 

Perhaps  unionism's  severest  individualist  critic  is  President 
Emeritus  Eliot.  He  has  so  often  spoken  out  against  the  unions 
that  his  opposition  is  quite  generally  understood.  To  him 
"labor  unionism  is  the  most  formidable  danger  of  our  future." 
It  is  a  "moral  danger  as  well  as  material."  "The  unions  just 
rot  a  man's  character  and  no  one  can  escape  their  influence. 
The  tendency  is  to  work  day  after  day  with  the  deliberate  pur- 
pose of  doing  as  little  labor  as  possible  in  the  least  number  of 
working  hours."  This  danger  to  the  laborer  is  accompanied  by 
another  found  in  the  fact  that  government  officials  are  afraid  to 
attempt  to  regulate  them.  "Politicians  are  becoming  more  and 
more  afraid  of  organized  labor,  despite  the  fact  that  there  are 
only  about  two  million  votes  out  of  that  class  in  a  total  of  seven- 
teen million  voting  strength  of  this  country."    All  these  evils 


468    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

appear  to  this  critic  to  flow  quite  directly  from  the  fact  that  the 
unions  establish  rules  for  the  purpose  of  securing  combined  ac- 
tion and  the  force  of  numbers.  When  a  member  joins  a  union 
he  seems  to  surrender  his  individual  rights  and  this  leads  to  the 
surrender  of  his  manhood.  The  admirable  independence  of  the 
strike  breaker  who  asserts  his  right  to  work  in  whatever  condi- 
tions he  chooses  regardless  of  the  consequences  upon  the  wage 
scales  and  the  standards  of  living  of  the  laborers  as  a  class  re- 
ceives the  unbounded  admiration  of  this  union  critic.  He  seems 
in  some  peculiar  way  to  be  fighting  the  really  important  battle 
for  labor.  Such  criticism  as  this  involves  a  great  deal.  Its  value 
cannot  be  determined  apart  from  the  value  of  individualism  it- 
self. 

Individual  Liberty  and  Unionism.  —  Individual  liberty  is  a 
term  that  has  always  had  a  large  place  in  American  thought. 
Events  show,  however,  that  the  two  parts  have  not  been  well 
balanced.  Liberty  has  been  pushed  by  its  active  champions  to 
an  unwarranted  extreme.  In  some  instances  it  has  stopped  but 
little,  if  any,  short  of  special  privilege  to  intrude  in  an  unlimited 
way  into  provinces  belonging  quite  clearly  to  another.  It  is  self- 
granted  license  rather  than  liberty.  While  thus  expanding  the 
term  liberty,  the  word  individual  has  not  been  given  similar 
breadth.  Theoretically  it  is  the  ego  and  the  alter.  In  practice  it 
depends  very  much  upon  who  is  the  ego  and  who  the  alter.  It 
has  been  used  in  the  singular  rather  than  in  the  plural  sense.  It 
has  meant  practically  the  individuals  of  a  class  or  a  group. 

In  Practice.  —  The  wealthy  class  have  interpreted  it  as  their 
liberty  to  amass  wealth  whether  by  creative  production  or  by 
mere  accumulation  at  the  expense  of  others.  The  politicians 
understand  it  as  their  liberty  to  carry  elections,  shape  legislation 
and  direct  the  administration  of  the  laws  according  to  their  in- 
dividual wishes,  whether  for  the  advantage  or  the  detriment  of 
others.  In  the  courts  it  has  meant,  according  to  the  high  au- 
thority of  a  presidential  message  to  Congress,  that  poor  individ- 
uals were  at  such  a  disadvantage  in  our  courts  that  it  was 
difficult  for  them  to  secure  justice  against  rich  individuals. 
To  employers  it  has  meant  individual  liberty  virtually  to  dictate 
wages  and  conditions  of  labor  and  an  insistence  upon  the  main- 
tenance of  the  individual  liberty  of  the  employee  to  accept  them. 
In  short,  individual  liberty,  a  phrase  put  into  circulation  by 


UNIONISM  469 

the  middle  class  to  whom  individualism  meant  in  practice 
middle  class  individualism,  has  been  kept  rather  well  confined 
within  its  first  limits.  It  has  quite  generally  made  a  difference 
who  is  the  individual,  when  the  issue  of  individual  liberty  has 
been  raised. 

In  Theory :  Individualist  Definition  of  Liberty.  —  Not  only 
has  the  individualist's  practice  of  liberty  led  to  great  inequality 
of  liberty,  his  definition  of  the  term  has  broken  down.  There 
is  still  good  in  the  definition  if  that  part  of  it  could  be  enforced. 
The  Declaration  of  the  Rights  of  Man  declared  liberty  to  be 
the  right  of  every  man  to  do  that  which  does  not  injure  others. 
This  statement  was  later  cast  by  the  individualist  into  a  form 
more  convenient  for  interpretation.  "Every  man  may  claim 
the  fullest  liberty  to  exercise  his  faculties  compatible  with  the 
possession  of  like  liberty  by  every  other."  This  has  amounted 
to  the  practice  of  every  one  extending  his  liberty  by  his  own 
interpretation  to  a  point  where  in  his  own  judgment  he  would 
by  going  further  intrude  upon  the  liberty  of  another.  Where 
the  other  would  set  up  such  a  limit  enters  or  not  into  the  deter- 
mination, according  to  what  the  influence  of  the  other  is.  One 
politician  may  check  the  liberties  of  another.  One  employer 
may  restrict  another.  The  voter  acting  individually  or  the 
employee  acting  individually  cannot  set  up  serious  limitations. 
Such  a  guide  as  this  for  determining  the  limits  of  liberty  is  about 
as  serviceable  as  it  would  be  in  determining  a  line  fence  or  an 
international  boundary. 

This  issue  was  raised  in  still  another  form  in  an  address  two 
years  ago  by  a  former  Chief  Justice  of  the  New  York  State 
Court  of  Appeals  before  the  New  York  State  Bar  Association. 
In  this  address  the  former  Justice  asserted  that  the  most  serious 
question  now  before  us  is  whether  or  not  "individual  liberty 
is  still  to  obtain  in  America."  The  answer  to  the  question, 
read  from  many  typical  signs  of  the  times,  is  that  "unless  I 
am  utterly  mistaken,  there  is  now  a  strong  tendency  in  courts, 
in  legislatures,  and,  worst  of  all,  in  the  people  themselves  to 
disregard  the  most  fundamental  principles  of  personal  rights." 
Somewhat  mournfully,  it  may  be  imagined,  the  speaker  declared 
that  "judicial  decisions  are  made,  statutes  are  enacted,  and 
doctrines  are  publicly  advocated  which,  when  I  was  young, 
would  have  shocked  our  people  to  the  last  degree."    The  crux 


470    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

of  the  address  appears  in  the  definition  of  liberty.  "In  those 
days,"  said  the  speaker,  "liberty  was  deemed  to  be  the  right 
of  the  citizen  to  act  and  live  as  he  thought  best  so  long  as  his 
conduct  did  not  invade  a  like  right  on  the  part  of  others.  To- 
day, according  to  the  notion  of  many,  if  not  most  people,  liberty 
is  the  right  of  part  of  the  people  to  compel  the  other  part  to  do 
what  the  first  part  thinks  the  latter  ought  to  do  for  its  own 
benefit." 

Such  statements  as  these  clearly  raise  more  issues  than  one. 
As  to  one  of  these,  there  is  the  ideal  consideration  of  the  right 
of  one  class  or  group  in  the  community  to  impose  its  will  upon 
another  class  or  group.  Theoretically  this  is,  of  course,  highly 
wrong.  Practically,  it  is  well  known  to  all  observers  of  conditions 
as  they  exist  that  it  is  quite  unavoidable.  The  issue  of  more 
importance,  however,  is  the  more  serious  error  involved  in  the 
statement.  It  compares  an  ideal  of  one  day  with  the  existing 
conditions  of  another  day.  The  insistence  that  this  is  an  error 
does  not  rest  with  unionists  only  nor  does  it  characterize  Amer- 
ican trade  unionism  alone.  The  pertinent  question  is,  did  the 
conditions  assumed  in  the  definition  quoted  actually  exist  in 
earlier  times?  Is  the  situation  described  in  the  stated  notion 
of  to-day  a  new  one  representing  a  loss  of  desirable  relations 
formerly  realized?  If  these  questions  can  be  answered  in  the 
affirmative,  the  justice  was  right  in  his  contention  and  he  made 
a  strong  point.  But  the  question  must  be  answered  in  the 
negative.  The  more  our  knowledge  of  actual  conditions  is  ex- 
tended into  the  past  the  more  clear  it  must  become  that  such 
a  description  relates  rather  to  an  ideal  than  to  the  real  life  of 
the  day.  As  a  matter  of  fact,  there  can  be  no  doubt  that  the 
latter  part  of  the  statement  was  more  thoroughly  applicable 
to  late  eighteenth  and  early  nineteenth  century  conditions 
than  to  the  present.  There  is  no  doubt  that  both  politically 
and  industrially  it  was  even  more  true  then  than  now  that 
a  part  of  the  people  "compelled"  the  other  part.  Limited 
suffrage;  control  by  aristocratic  families  (New  York  State 
furnishes  a  conspicuous  example  of  this);  laws  and  decisions 
against  even  the  right  of  trade  associations  to  exist,  much  less 
to  strike  or  insist  upon  collective  bargaining;  vague  and  free 
use  of  conspiracy  charges — these  are  some  of  the  elements 
that  lead  one  to  think  that  even  admitting  that  part  of  the 


UNIONISM  471 

people  "compel"  the  other  part,  the  situation  is  not  new  "to- 
day" but  that  it  extended  back  to  the  days  of  those  who  have 
gone  before.  True,  there  are  differences  in  the  degree  of  com- 
pulsion, as  there  are  also  (more  important)  differences  in  the 
part  of  the  people  that  is  compelling  the  other  part.  Perhaps 
the  compellors  of  yesterday  are  the  compelled  of  to-day.  That, 
however,  is  not  a  fundamental  difference.  Clearly  one  can- 
not accept  the  definition  of  personal  liberty  as  "the  right  of 
the  citizen  to  act  and  live  as  he  thinks  best  so  long  as  his  con- 
duct does  not  invade  a  like  right  on  the  part  of  others."  It 
may  be  an  ideal  to  be  sought  but  there  is  always  the  necessity 
for  a  common  agreement  on  the  very  essential  question,  when 
does  one's  conduct  invade  the  right  of  another?  That  cannot 
be  left  to  either  of  the  parties  alone.  The  changing  times  must 
cause  the  line  of  limitation  to  be  constantly  though  slowly 
shifting.  No  definite  application  of  such  a  definition  can  be 
made  that  will  be  concrete  enough  for  practical  purposes. 

Criticism  of  Definition.  —  In  a  destructive  or  negative  way 
the  criticism  offered  by  Ritchie  in  his  Natural  Rights  is  perti- 
nent. "Liberty  in  general, "  says  this  writer,  "is  too  ambiguous 
a  term  to  permit  us  to  decide  how  far  the  right  to  liberty  is  a 
right  which  ought  to  be  recognized  by  a  well-regulated  society. 
The  principle  that  the  liberty  of  every  one  should  be  limited 
only  by  the  equal  liberty  of  every  one  else  has  been  shown  to 
be  incapable  of  any  literal  application  as  a  fundamental  principle 
of  society."  In  a  more  facetious  vein  a  humorist  makes  a  serious 
contribution  to  this  negative  form  of  criticism.  "The  main 
problem  of  ethics,"  he  says,  "is  to  devise  a  form  of  liberty 
which  will  make  a  man  who  is  subjected  to  it  feel  that  he  is 
free.  When  we  consider  the  colored  people  of  the  south,  for 
instance,  it  is  clear  that  they  have  either  liberty  without  freedom 
or  freedom  without  liberty:  both  they  have  not.  It  is  the  same 
with  woman's  suffrage.  The  suffrage  might  emancipate  our 
women,  but  it  wouldn't  give  them  freedom.  It  might  give  them 
freedom,  but  it  wouldn't  give  them  liberty.  On  the  other  hand, 
it  might  take  away  much  of  their  liberty  in  the  process  of  eman- 
cipation, in  which  event  we  could  not  give  them  back  their  lib- 
erty without  hampering  them  in  their  freedom."  To  such  a 
writer  should  be  set  the  task  of  explaining  the  industrial  liberty 
of  the  non-union  laborer.    In  the  opinion  of  T.  H.  Green,  "by 


472    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

liberty  we  do  not  mean  a  freedom  that  can  be  enjoyed  by  one 
man,  or  one  set  of  men,  at  the  cost  of  a  loss  of  freedom  to 
others.  .  .  .  We  mean  by  it  a  power  which  each  man  exercises 
through  the  help  or  security  given  him  by  his  fellow  men,  and 
which  he  in  turn  helps  to  secure  for  them.  When  we  measure  the 
progress  of  a  society  by  the  growth  of  freedom,  we  measure  it  by 
the  increasing  development  and  exercise  on  the  whole  of  those 
powers  of  contributing  to  social  good  with  which  we  believe 
the  members  of  society  to  be  endowed."  Still  more  forcefully 
is  the  constructive  criticism  expressed  by  Montesquieu  in  his 
definition:  "Liberty  consists  in  doing  what  we  ought  to  will, 
and  in  not  being  constrained  to  do  what  we  ought  not  to  will." 
In  a  more  practical  way  President  Wilson  has  given  us  the 
illustration  of  the  parts  of  a  complicated  machine.  Each  part 
must  have  its  perfect  adjustment  and  alignment,  and  liberty 
for  the  parts  consists  in  their  proper  assembling  and  adjust- 
ment. Applying  the  figure,  he  says,  "I  feel  confident  that  if 
Jefferson  had  lived  in  our  day  he  would  see  what  we  see,  that 
the  individual  is  caught  in  a  great  confused  mix-up  of  all  sorts 
of  complicated  circumstances,  and  that  to  let  him  alone  is  to 
leave  him  helpless  as  against  the  obstacles  with  which  he  has 
to  contend." 

Certainly  there  is  no  lack  of  authority  in  urging  that  the 
individualist's  idea  of  liberty  be  modified.  The  modification 
should  not  be  undertaken,  however,  as  a  superficial  matter. 
It  involves  fundamentals.  Yet  it  is  clear  that  unionism  is  not 
based  upon  an  individualist  philosophy.  The  worst  that  can 
be  said  of  it  justly  is  that  its  foundation  rests  on  a  class  con- 
scious movement.  The  best  is  that  it  is  essentially  a  socializing 
movement. 

Liberty,  Justice  and  Unionism.  —  Unionism  has  ceased  to 
place  so  much  emphasis  upon  the  word  liberty.  It  now  talks 
more  of  justice.  But  if  liberty  is  difficult  to  understand  justice 
is  even  more  so.  The  kind  of  justice  that  follows  upon  the  form 
of  individual  liberty  that  characterized  the  nineteenth  century 
is  not  the  kind  of  justice  that  the  laborer  is  demanding.  He 
insists  that  his  share  of  the  good  things  of  life  shall  come  to 
him  as  a  recognized  direct  return  for  his  efforts.  There  must 
be  no  philanthropic  elements  entering  in.  There  can  be  no 
privileges  extended  by  the  good  will  of  the  employer  of  which 


UNIONISM  473 

he  is  graciously  allowed  to  take  advantage.  There  is  a  some- 
what blind  groping  for  the  expression  of  an  idea  that  describes 
relations  that  are  to  be  somewhat  new,  for  a  set  of  terms  that 
will  distinguish  between  conditions  as  they  have  been  under 
the  dominance  of  the  employer,  and  as  they  are  to  exist  when 
shaped  by  the  purposes  of  unionism. 


CHAPTER  XXX 

UNIONISM  (Continued) 

Influence  of  Employers  on  Unionism.  —  Another  point  of 
importance  in  shaping  the  course  of  unionism  is  the  organiza- 
tion to  which  employers  are  resorting.  This  fact  has  been  of 
marked  influence  in  later  years.  Notice  has  been  taken  in  former 
pages  of  the  growth  of  these  associations.  They  have  been 
in  many  cases  peculiarly  united  and  aggressive  in  their  oppo- 
sition to  trade  unions.  In  other  cases  they  appear  to  be  formed 
in  recognition  of  the  need  for  a  more  systematic  collective  bar- 
gaining. In  the  latter  instances  the  effects  are  in  the  main 
wholesome,  as  they  lead  to  greater  mutual  respect  and  to  the 
establishment  of  better  working  relations.  Of  those  fighting 
associations  of  the  other  type  the  same  cannot  be  said.  Their 
professions  are  loud  in  defense  of  the  workingman's  individual 
liberty  to  bargain  by  himself  for  his  wages.  On  this  point 
they  are  admirable  individualists.  But  their  consistency  cannot 
pass  unchallenged.  Of  course  they  do  not  bargain  individually 
themselves.  Their  association  is  a  collective  bargaining  medium. 
To  be  sure  their  individualism  permits  to  them  the  privilege 
of  joining  such  an  association  for  such  a  purpose.  Moreover, 
as  a  matter  of  fact,  it  does  not  restrain  them  from  coercing  (not 
illegally  coercing;  just  plain  coercing)  other  employers  to  join  in 
with  the  purposes  of  the  association.  Then  these  individualist 
employers,  having  forced  the  formation  of  such  an  employers' 
association,  deny  the  right  of  laborers  to  form  a  union  and 
bargain  through  its  agency.  Such  a  course  is  regarded  by  them 
as  a  violation  of  the  laborer's  individual  right,  even  though 
his  entrance  into  the  union  is  undertaken  by  the  laborer  with 
enthusiasm.  Such  a  situation  gives  as  a  result  the  case  of  a 
representative,  speaking  for  the  members  of  an  employers' 
association,  actually  refusing  to  negotiate  a  wage  rate  with 
an  officer  of  a  union,  but  demanding  that  each  separate  workman 
shall  be  dealt  with  separately  and  that  the  union  of  workmen 

474 


UNIONISM  475 

shall  not  interfere  with  the  individual  freedom  of  the  weak 
laborer  who  can  be  forced  by  the  combination  of  employers 
to  work  at  a  low  wage.  In  a  development  like  this  one  so  com- 
mon to  current  industrial  life  the  whole  situation  appears  in 
its  real  light.  Middle-class  privileges,  established  when  oppo- 
sition to  middle  class  interests  was  weak,  are  still  insisted  upon 
under  a  fiction  of  industrial  liberty,  and  opposition  to  these 
privileges  by  another  class  whose  welfare  is  at  stake  is  character- 
ized by  another  fiction  named  class  struggle.  Under  individual 
liberty  the  public  is  content.  Under  class  struggle  it  is  greatly 
perturbed. 

The  Unionism  of  Different  Unions.  —  To  all  these  various 
and  conflicting  forces  it  is  true  that  the  different  trade  and 
labor  unions  do  not  respond  in  the  same  way.  Some  cling 
very  tenaciously  to  their  ideals,  disregarding  the  passing  and 
more  temporary  phases  of  the  struggle.  Others  follow  a  different 
course.  Having  embodied  in  their  fundamental  law  the  state- 
ment of  ultimate  aim  and  purposes,  they  become  so  deeply 
engrossed  in  the  details  of  the  more  immediate  and  perplexing 
problems  of  current  activity  that  they  appear  to  forget  the 
higher  purposes  of  their  existence.  Between  these  two  lines 
of  action,  as  marking  two  extremes,  the  various  unions  may 
be  lined  up,  some  tending  toward  the  one  and  others  toward 
the  other.  So  great  are  the  differences  that  they  become  almost 
differences  in  kind  rather  than  in  degree.  Yet  there  are  common 
elements  of  purpose  and  ideal  that  join  them  in  spite  of  the 
divergences. 

So  pronounced  are  the  differences  that  to  some  it  appears 
that  there  is  no  unionism  in  any  real  sense.  Professor  Hoxie 
as  the  result  of  his  careful  analysis  concludes  as  a  basic  hypoth- 
esis: "There  is  no  such  thing  as  trade  unionism  in  the  sense 
either  of  an  abstract  unity,  or  of  a  concrete,  organic  and  consist- 
ent whole  which  can  be  crowded  within  the  confines  of  a  narrow 
definition  or  judged  sweepingly  as  good  or  bad,  right  or  wrong, 
socially  helpful  or  harmful.  .  .  .  There  is  unionism  and  union- 
ism, but  looking  at  matters  concretely  and  realistically  there 
is  no  single  thing  that  can  be  taken  as  unionism  per  se." 

From  the  point  of  view  from  which  Professor  Hoxie  makes 
his  study,  there  may  be  reason  for  agreement.  But  it  is  not 
the  point  of  view  of  this  book.    From  what  has  been  said,  it 


476    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

should  be  appreciated  that  in  a  very  real  sense  there  is  such  a 
thing  as  trade  unionism.  It  is  endeavoring  to  express  itself  in 
circumstances  that  are  very  unfavorable  if  not  indeed  positively 
hostile  to  its  expression.  Historical  traditions,  both  labor-class 
and  middle-class  traditions;  popular  misunderstandings;  con- 
servatism, political  and  industrial;  inexperience;  relative  in- 
competence, both  of  members  and  of  leaders;  the  unusual 
importance  of  immediate  material  needs:  these  are  some  of  the 
adverse  influences,  not  to  mention  errors  of  judgment  and  open 
and  flagrant  dishonesty.  In  view  of  all  these,  it  is  no  great 
marvel  that  unionism  exists  as  a  somewhat  vague  and  in  part 
unformed  thing  struggling  for  continued  existence  first  and  ex- 
pression next. 

Causes  of  Differences.  —  The  differences  within  unionism 
are  easily  accounted  for.  They  center  about  degree  of  skill 
and  the  nature  of  the  trade;  the  method  of  its  pursuit,  as  hand 
or  machine,  highly  subdivided  or  otherwise,  difficult  or  easy  to 
learn;  the  nature  of  the  industry;  the  location,  in  populous 
centers  or  isolated;  character  of  the  management;  presence 
of  foreigners  in  the  industry,  of  women,  of  children,  of  negroes; 
the  personality  of  leaders,  their  intellectual  ability,  their  moral 
character,  their  force  of  will  power;  possible  factional  strife 
growing  out  of  differences  of  opinion  over  proposed  policies. 
Methods  among  unions  will  vary  because  of  each  of  these  differ- 
ences. If  unionism  were  primarily  methods  or  means  and  not 
purposes  and  ideals,  there  would  indeed  be  many  forms  of  union- 
ism just  as  there  are  many  forms  of  unions.  These  unions  are 
not  all  joined  into  one  single  and  thoroughgoing  organization. 
Even  the  relatively  loose  affiliation  of  the  American  Federation 
of  Labor  does  not  include  within  its  membership  all  unions 
or  even  all  of  the  larger  and  more  powerful  ones. 

Rival  unions  exist  in  the  same  trade,  each  struggling  for  ju- 
risdictional control  over  the  entire  trade.  Jurisdictional  strife 
between  unions  of  different  trades  over  the  control  of  new  proc- 
esses and  materials  is  frequent.  In  the  midst  of  all  the  confusion 
and  even  internal  strife  there  is  still  a  purpose  and  an  ideal 
for  which  all  are  striving.  That  ideal  is  not  entirely  one  that 
is  to  be  realized  solely  and  only  by  union  members.  It  is  to 
be  realized  by  them  first  and  then  extended  to  all  labor.  It 
is  to  be  admitted  that  much  selfishness  appears  and  but  little 


UNIONISM  477 

altruism.  That  is  easily  explained.  When  their  immediate 
causes  have  been  removed  these  unfavorable  traits  will  dis- 
appear from  their  prominent  place  in  the  foreground.  Though 
somewhat  long,  for  one  who  calls  for  the  ideal  of  unionism  in 
a  word,  it  cannot  be  any  more  clearly  and  comprehensively 
expressed  than  in  the  statement  made  by  John  Mitchell:  "The 
average  workingman  has  in  his  mind  the  desire  to  receive  for 
his  labor  a  definite  reward;  a  reward  which  increases  from  year 
to  year,  from  decade  to  decade,  as  the  wealth  of  the  nation 
increases.  He  believes  that  he  should  receive  in  wages  for  his 
labor  an  amount  sufficient  to  enable  him  and  his  family  to 
live  healthy  and  normal  lives;  he  desires  to  live  in  a  house  hav- 
ing sufficient  rooms  for  comfort  and  privacy  and  equipped  with 
modern  conveniences;  he  desires  books,  and  pictures,  and  music, 
those  refinements  which  develop  his  higher  nature;  he  desires 
education  for  his  children;  he  desires  to  provide  against  sickness, 
accident  and  old  age,  to  enjoy  leisure  time  with  his  family, 
and  to  have  healthful  and  sane  recreation.  There  was  a  time, 
even  less  than  one  hundred  years  ago,  when  the  demand  for 
these  things  would  have  been  ridiculous  and  their  attainment 
impossible;  but  in  the  present  century,  through  the  application 
of  machinery  and  the  concentration  of  energy,  the  production 
of  wealth  is  so  abundant  —  is  so  far  beyond  the  reasonable  needs 
of  man,  especially  in  this  country  —  that  the  workingman  is 
warranted  in  desiring  and  in  demanding  a  definite  and,  from 
time  to  time,  as  industrial  conditions  justify,  a  larger  share 
of  the  wealth  produced." 

Deeper  Meaning  of  Unionism.  —  Such  living  conditions  as 
constitute  the  ideal  are  subject  to  constant  change.  They 
follow  the  increase  in  social  wealth  and  claim  an  increasing 
proportion.  As  has  been  many  times  emphasized,  the  real 
significance  of  the  movement  of  organized  labor  will  not  be 
clearly  understood  so  long  as  it  is  regarded  primarily  as  a  bar- 
gaining combination  only,  merely  demanding  larger  wages  and 
shorter  hours  of  labor.  The  movement  of  unionism  is  to  get 
away  from  the  dominating  idea  that  labor  is  a  commodity  to 
be  bought  and  sold  as  are  raw  materials,  machinery  and  finished 
products,  subject  to  "demand  and  supply."  The  standard  of 
living  must  be  an  essential  element.  These  standards  are  not 
to  be  fixed  by  legislative  enactments.    They  are  to  be  arrived 


478    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

at  through  mutual  discussion  and  where  necessary  by  mutual 
compromise.  As  a  norm  or  standard  of  judgment  is  to  be  "the 
human  needs  of  a  family  living  in  a  civilized  country."  Ad- 
mittedly this  is  not  a  very  exact  standard.  It  is  not  only  vague; 
it  is  constantly  varying.  Yet  it  may  at  any  time  be  stated 
with  reasonable  exactness  and  be  approached  with  reasonable 
nearness.  It  is  the  voluntary  association  for  discussion  of  these 
questions  that  is  regarded  as  the  essence  of  industrial  freedom. 
Where  employers  seek  to  use  those  who  will  not  become  parties 
to  the  collective  bargaining  through  union  membership,  the 
members  insist  upon  crowding  them  out  of  the  work.  Where 
employers  refuse  to  consider  any  standards  other  than  those 
of  bargain  and  sale  in  the  market,  the  unionists  become  insistent 
upon  thwarting  such  plans  by  methods  that  regard  ends  rather 
than  means. 

Here  is  the  situation,  then,  in  its  essential  elements.  A  larger 
life  and  a  larger  share  in  its  material  benefits;  less  human  waste 
in  labor  and  more  leisure  time  for  improvement;  these  benefits 
to  be  secured  by  organized  activity  as  a  "right"  and  not  as  a 
"philanthropy";  first  gained  by  organized  labor  and  then  to 
be  extended  to  all  labor  as  they  become  more  secure  and  as 
labor  organizes  more  extensively;  these  benefits  to  become  the 
basis  of  a  real  industrial  democracy  supplementing  a  regenerated 
political  democracy.  This  will  be  freedom.  The  contrast  with 
the  present  and  the  immediate  past  is  indeed  alluring.  By  the 
side  of  the  present  the  desired  seems  a  millennium,  a  Utopia 
worth  travelling  toward,  if  never  quite  to  be  reached. 

Aside  from  the  more  general  benefits  that  will  come  from  the 
realization  of  progress  toward  such  an  ideal,  there  should  be 
two  immediate  ones  that  are  very  important  in  themselves. 
The  first  would  be  the  more  general  recognition  of  the  value 
of  collective  bargaining  as  a  means  of  reaching  a  fair  wage 
scale.  The  significance  of  this  has  been  many  times  emphasized. 
The  second  would  be  the  realization  that  the  pay  roll  is  not  the 
best  and  should  not  be  the  first  point  of  economy  when  it  is 
necessary  to  cut  expenses.  On  this  point  there  are  hopeful 
indications.  President  Gompers,  on  being  asked  what  would 
be  the  effect  of  the  outlook  for  hard  times  on  wages,  replied: 
"  I  do  not  think  wages  ought  to  be  reduced.  .  .  .  I  have  advised 
our  unions  to  resist  all  attempts  at  such  reduction.    I  advise 


UNIONISM  479 

them  to  strike  against  any  cut  in  wages  and  I  think  the  employ- 
ers should  see  that  such  cuts  will  increase  the  bad  times  rather 
than  lessen  them."  A  large  employer  of  labor,  having  more 
than  the  ordinary  insight,  also  said:  "The  present-day  employer, 
if  he  has  been  observant,  has  not  failed  to  learn  from  what 
trade-unionism  has  taught  that  the  old  remedy  of  the  incom- 
petent superintendent  to  correct  results  of  bad  methods,  ig- 
norant shop  practice  and  wastefulness  by  reductions  in  pro- 
ductive pay  roll  was  vicious  and  ineffective;  that  labor's  wages 
were  the  last  thing  to  be  touched;  that  dividends,  officers' 
salaries  and  the  expense  account  were  the  proper  places  for 
ordinary  retrenchment." 

The  Employers'  Responsibility.  —  When  the  employers  of 
the  country  can  approach  the  whole  question  with  a  sincerity 
and  frankness  that  will  inspire  confidence,  much  will  be  gained. 
That  there  has  not  been,  in  many  of  their  dealings,  anything 
to  indicate  to  the  workers  that  they  were  honestly  working  for 
a  mutual  benefit,  the  past  can  confidently  be  called  on  to  wit- 
ness. The  Industrial  Relations  Commission,  whose  final  report 
has  called  forth  a  variety  of  comment,  both  favorable  and 
unfavorable,  speaks  with  authority  on  this  point.  Three  com- 
missioners were  appointed  especially  to  represent  the  interests 
of  employers.  These  three  made  a  special  minority  report 
signed  only  by  themselves.  In  this  minority  report  are  two 
paragraphs  that  may  be  quoted  in  full. 

"Despite  the  fact  that  we  have  been  appointed  to  represent, 
on  this  Commission,  the  employers  of  the  nation,  we  are  free 
to  admit  that  the  investigations  made  by  the  Commission, 
and  the  testimony  brought  forth  at  our  public  hearings,  have 
made  it  plain  that  employers,  some  of  them,  have  been  guilty 
of  much  wrong-doing,  and  have  caused  the  workers  to  have 
their  fullest  share  of  grievances  against  many  employers.  There 
has  been  an  abundance  of  testimony,"  the  report  continues, 
"submitted  to  prove  to  our  satisfaction  that  some  employers 
have  resorted  to  questionable  methods  to  prevent  their  workers 
from  organizing  in  their  own  self-interest;  that  they  have  at- 
tempted to  defeat  democracy  by  more  or  less  successfully  con- 
trolling courts  and  legislatures;  that  some  of  them  have  exploited 
women  and  children  and  unorganized  workers;  that  some  have 
resorted  to  all  sorts  of  methods  to  prevent  the  enactment  of 


480    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

remedial  industrial  legislation;  that  some  have  employed  gunmen 
in  strikes  who  were  disreputable  characters  and  who  assaulted 
innocent  people  and  committed  other  crimes  most  reprehensible 
in  character;  that  some  have  paid  lower  wages  than  competitive 
conditions  warranted,  worked  their  people  long  hours,  and  under 
unsanitary  and  dangerous  conditions;  that  some  have  exploited 
prison  labor  at  the  expense  of  free  labor;  that  some  have  been 
contract-breakers  with  labor;  that  some  have  at  times  at- 
tempted, through  the  authorities,  to  suppress  free  speech  and  the 
right  of  peaceful  assembly;  and  that  some  have  deliberately,  for 
selfish  ends,  bribed  representatives  of  labor.  All  these  things, 
we  find,  tend  to  produce  industrial  unrest,  with  all  its  conse- 
quent and  far-reaching  ills.  There  is,  therefore,  no  gainsaying 
the  fact  that  labor  has  had  many  grievances,  and  that  it  is 
thoroughly  justified  in  organizing  and  in  spreading  organization 
in  order  better  to  protect  itself  against  exploitation  and  oppres- 
sion. 

"On  the  other  hand,  in  justice  to  employers  generally,  it  must 
be  said  that  there  has  been  much  evidence  to  show  that  there 
is  an  awakening  among  the  enlightened  employers  of  the  nation 
who  have  taken  a  deeper  personal  interest  in  the  welfare  of 
their  workers  than  ever  before  in  industrial  history;  that  such 
enlightened  employers  are  growing  in  number  and  are  more 
and  more  realizing  that  if  for  no  other  reason,  it  is  in  their  own 
self-interest  to  seek  the  welfare  of  their  workers  and  earnestly 
to  strive  to  better  their  conditions." 

The  Union's  Responsibility.  —  Against  the  activities  of 
unions  the  three  members  of  the  Commission  on  Industrial  Re- 
lations representing  the  employers  in  their  minority  report  make 
ten  specific  charges:  (i)  sympathetic  strikes;  (2)  jurisdictional 
disputes;  (3)  labor  union  politics;  (4)  contract  breaking;  (5)  re- 
striction of  output;  (6)  prohibition  of  the  use  of  non-union  made 
tools  and  materials;  (7)  closed  shop;  (8)  contests  for  supremacy 
between  rival  unions;  (9)  acts  of  violence  against  non-union 
workers  and  the  properties  of  employers;  (10)  apprenticeship 
rules.  Most  of  these  have  been  discussed  somewhat  at  length 
in  preceding  chapters.  Evidence  shows  that  the  charges  are 
not  without  foundation.  They  may  be  compared  with  profit 
with  the  statement  quoted  at  length  showing  the  question- 
able methods  used  by  "some"  employers.    These  ten  charges 


UNIONISM  481 

rest  also  against  "some"  unions.  This  portion  of  the  report 
further  charges  much  "poverty,  suffering,  wretchedness,  misery, 
discontent  and  crime"  to  these  unjustifiable  policies  of  union- 
ism. These  policies  or  practices,  the  commissioners  think,  could 
with  safety  be  omitted,  one  and  all,  for  "when  labor  is  effectively 
organized,  it  has  two  most  powerful  weapons  at  its  command 
that  the  employer,  as  a  rule,  dreads  and  fears  because  of  the 
great  damage  these  weapons  can  inflict  on  him,  namely,  the 
strike  and  the  primary  boycott,  both  of  which  are  within  the 
moral  and  legal  rights  of  the  worker  to  use."  These  two  weapons 
are  held  to  be  sufficient  to  secure  reasonably  fair  conditions  of 
collective  bargaining.  They  are  not  the  limits  of  union  activity, 
however,  and  because  this  is  true,  this  part  of  the  report  holds 
employers  and  employees  alike  responsible.  "The  result  of  our 
investigation  and  inquiries  forces  upon  us  the  fact  that  unionists 
also  cannot  come  into  court  with  clean  hands;  that  this  is  not  a 
case  where  the  saints  are  all  on  one  side  and  the  sinners  all  on 
the  other.  We  find  saints  and  sinners,  many  of  them,  on  both 
sides." 

Such  charges  against  unionism  are  serious.  No  real  progress 
can  be  made  so  long  as  they  rest  even  as  generally  as  they  do 
against  some  of  the  unions.  They  are  not  to  be  condoned.  So 
far  as  their  effects  are  harmful  and  so  far  as  the  acts  do  not  in 
themselves  conform  to  recognized  public  standards  of  morals, 
they  cannot  be  regarded  as  in  accordance  with  a  justifiable 
policy  or  as  a  means  that  will  lead  ultimately  to  what  unionism 
is  reaching  out  after.  Nothing  is  to  be  said  that  can  be  inter- 
preted as  a  justification. 

The  Responsibilities  Measured.  —  The  practices  must, 
however,  be  viewed  seriously  and  from  more  than  one  angle.  The 
employer  very  naturally  condemns  them,  largely  because  they 
do  not  conform  to  his  method  of  fighting.  They  do  not  strike 
where  he  is  best  prepared  to  receive  the  blow.  They  do  not 
follow  his  lead  in  selecting  their  methods  of  working.  While 
the  comparison  cannot  be  followed  out  at  this  point,  it  will 
readily  appear  to  the  reader  who  will  follow  through  the  list  of 
the  ten  charges  that  each  one  of  them  can  be  paralleled  by 
methods  equally  unjustifiable  which  have  been  used  again  and 
again  by  employers;  if  not  in  relations  with  their  workmen,  then 
in  relations  with  either  competitors  or  consumers.    But  more 


482    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

than  that  is  to  be  said.  Much  attention  has  been  given  in  these 
pages  to  the  emphasis  of  the  union  man's  point  of  view.  His- 
torical development  counts  much.  Immediate  situations  have 
to  be  dealt  with  practically.  The  union  man's  angle  of  vision  is 
determined  by  his  daily  life  and  experiences.  Education  has 
taught  him  to  think,  but  his  schooling  coming  to  a  close  in  early 
boyhood,  he  is  left  to  think  about  things  very  near  at  hand. 
The  horizon  is  limited,  but  the  light  is  very  clear  within  these 
narrow  limits.  He  sees  sharply  but  not  broadly.  Professor 
Hoxie's  remark  is  very  expressive:  "However  invalid  the  labor- 
er's ideas  and  actions  may  be  from  the  employer's  standpoint, 
they  are  apparently  the  inevitable  outcome  of  the  peculiar 
circumstances  of  his  life  and  work,  and  that,  considering  his  own 
immediate  interests  merely,  they  are  not  foolish,  but  on  the  con- 
trary quite  reasonable."  His  discussion  leads  to  further  con- 
clusions that  are  expressed  in  the  following  words:  "  (1)  that  men 
circumstanced  differently  as  to  both  inheritance  and  present 
environment  are  bound  to  reach  quite  different  conclusions  as  to 
rights,  morality,  and  sound  economic  policy;  (2)  that  employers 
and  laborers  are  so  differently  circumstanced  that  they  are 
likely  to  differ  radically  on  these  points,  and  are  likely  to  be  al- 
together incapable  of  mutual  understanding  in  regard  to  them; 

(3)  that  these  differences  do  not  necessarily  indicate  any  lack 
of  morality  or  intelligence  on  the  part  of  either  class;  and,  finally, 

(4)  that  on  account  of  the  peculiar  circumstances  of  the  laborer's 
life  and  work  there  is  growing  up  a  distinctive  trade-union  view- 
point which  must  be  reckoned  with,  as  a  matter  of  fact  in  connec- 
tion with  all  practical  labor  problems." 

Responsibility  of  Leadership.  —  For  some  of  the  elements  in 
this  complex  situation  in  which  unionism  is  found  the  labor 
leader  must  be  held  accountable.  A  psychological  study  of  this 
type  would  indeed  be  interesting.  Much  depends  upon  his 
abilities  and  his  moral  fibre.  At  his  best  the  real  labor  leader  is 
as  self-sacrificing  and  devoted  a  person  as  could  be  found  in  any 
walk  in  life.  His  opportunities  are  large.  His  responsibilities  are 
great.  His  temptations  are  numerous  and  insinuating.  Many 
have  in  the  past  lived  up  to  the  exacting  demands  of  the  posi- 
tion and  have  discharged  the  duties  devolving  upon  them  with 
honor  and  distinction.  There  are  many  to-day  who  are  doing  the 
same.    On  the  other  hand,  some  have  fallen  prey  to  selfishness, 


UNIONISM  483 

to  the  traps  set  for  them  by  crafty  enemies,  or  have  lacked  the 
strength  of  will  to  stand  by  the  cause.  There  are  also  some  to- 
day who  are  in  the  same  position.  As  usual,  it  is  the  case  of  fail- 
ure that  attracts  the  most  general  attention,  while  also  it  is  true 
that  success  in  unionism  is  not  always  regarded  as  success  of  the 
approved  type.  In  this  matter  of  leadership  the  situation  is  not 
altogether  peculiar.  Other  causes  have  been  under  the  neces- 
sity of  evolving  leaders.  It  has  often  taken  time.  Unionism  is 
but  a  half  century  old;  not  in  ideal  but  in  organized  pursuit  of  the 
ideal.  Fifty  years  is  not  a  long  time  to  evolve  a  satisfactory 
type  of  leadership  in  sufficient  numbers  to  lead  three  millions 
and  more  of  workers.  The  requirements  of  the  type  are  complex 
and  exacting.  Especially  short  is  the  time  when  the  difficulties 
are  taken  into  account.  It  is  quite  singularly  a  case  of  natural 
leadership  uncultivated  by  the  arts  of  special  preparation.  There 
are  no  fitting  schools  for  the  training  of  this  kind  of  leader.  Ex- 
perience is  the  teacher  and  the  union  itself  is  the  school.  Learn- 
ing by  doing  is  here  applied  with  a  rigidity  that  sometimes 
approaches  to  cruelty.  These  labor  leaders  must  lead,  yet  they 
must  keep  within  sight  of  the  followers.  The  whole  organization 
is  intensely  democratic.  Consequently  the  demagogue  always 
has  his  chance.  He  is  constantly  dogging  the  heels  of  the  more 
far-sighted  leader  and  causing  him  to  modify  his  plans  and  ad- 
just his  appeals  in  such  a  way  as  to  make  sure  of  his  following. 
The  labor  leader  has  the  task  of  working  for  the  ideals  of  his 
union  in  two  directions.  Without,  he  must  meet  the  non-union 
man,  an  unfriendly  or  hostile  public  and  the  opposition  of  the 
employer.  Within,  he  must  cultivate  his  following,  lead  the 
members  out  to  a  larger  vision  and  watch  the  machinations  of  his 
rivals,  more  or  less  unscrupulous  in  their  efforts  to  replace  him. 
The  wonder  is  not  that  men  fall  under  the  strain  of  this  leader- 
ship. It  is  rather  that  American  unionism  can  boast  the  number 
of  clear-visioned  men  who  are  devoting  themselves,  heart  and 
soul,  to  the  cause  of  their  fellow  workmen  with  such  able  and 
unselfish  service. 

Unionism  and  Social  Progress.  —  Unionism,  as  embodying 
an  ideal,  when  related  to  the  broader  community  activity  appears 
in  yet  another  phase.  From  this  point  of  view  it  again  appears 
to  occupy  a  large  place.  "For  many  years,"  says  Jane  Addams, 
"I  have  been  impressed  with  the  noble  purposes  of  trades  unions, 


484    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

and  the  desirability  of  the  ends  which  they  seek."  As  an  ideal 
the  community  may  be  said  for  many  years  to  have  cherished 
the  hope  of  realizing  those  conditions  of  living  that  unionism  has 
set  for  its  goal.  Dominated  so  largely  by  the  individualism  of 
the  day  and  consenting  to  the  middle-class  interpretation  of  such 
ideals,  the  community  has  been  content  with  a  kind  of  modified 
laissez  faire  practice,  leaving  to  the  individuals  to  get  or  to  fail  to 
get,  as  favored  by  ability  or  opportunity,  that  which  as  an  ideal 
it  has  hoped  that  all  would  have.  Realizing  for  itself  a  large 
measure  of  success,  this  class  has  become  more  indifferent  to  the 
attainment  of  the  other  class.  Looking  at  this  situation  in  much 
the  same  way  Miss  Addams  has  expressed  it  in  the  following 
way:  "Two  propositions  are  really  amazing:  first,  that  we  have 
turned  over  to  those  men  who  work  with  their  hands  the  fulfill- 
ment of  certain  obligations  which  we  must  acknowledge  belong 
to  all  of  us,  such  as  protecting  little  children  from  premature 
labor  and  obtaining  shorter  hours  for  the  overworked;  and, 
second,  that  while  the  trade  unions  more  than  any  other  body 
have  secured  orderly  legislation  for  the  defense  of  the  feeblest, 
they  are  persistently  misunderstood  and  harshly  criticized  by 
many  people  who  are  themselves  working  for  the  same  ends. 
Scenes  of  disorder  and  violence  are  enacted  because  trade  unions 
are  not  equipped  to  accomplish  what  they  are  undertaking.  The 
state  alone  could  accomplish  it  without  disorder.  The  public 
shirks  its  duty  and  thus  holds  a  grievance  toward  the  men  who 
undertake  the  performance  of  that  duty.  It  blames  the  union 
men  for  the  disaster  which  arises  from  the  fact  that  the  move- 
ment is  a  partial  one." 

From  yet  another  point  of  view  unions  serve  a  very  practical 
purpose.  It  is  of  course  well  known  that  the  introduction  of 
machinery  will  throw  men  out  of  work;  men  with  perhaps  a 
skilled  trade  and  too  far  advanced  in  years  to  learn  a  new  one. 
Consideration  for  increased  output  and  decreased  cost  dictates 
that  the  men  be  put  out  and  the  machines  be  put  in.  Considera- 
tion for  the  human  element  would  call  for  less  haste  and  more 
planning  for  the  welfare  of  the  men  who  are  put  out.  This  is 
but  one  of  the  many  instances  of  industrial  readjustment  that 
is  continually  going  on.  The  advantages  of  this  are  large  in  many 
ways;  but  they  are  costly  in  human  wreckage.  The  very  rapidity 
of  the  changes  gives  no  time  for  a  readjustment  of  the  human 


UNIONISM  485 

factor.  It  has  almost  been  forgotten  in  the  hey  day  of  rejoicing 
at  records  of  production  broken  and  wealth  increased.  Serious 
attention  was  given  to  this  phase  of  the  situation  only  after  the 
unfortunates  began  to  speak  for  themselves.  When  unions  with 
the  strength  born  of  their  organization  step  in  and  compel  more 
consideration  for  the  losses  as  well  as  the  gains  coming  from 
mechanical,  industrial  and  commercial  improvement,  much  un- 
necessary human  suffering  may  be  prevented.  This,  though 
perhaps  retarding  the  changes  and  interfering  with  profits,  re- 
sults in  a  positive  social  gain.  The  rule  of  reason  is  applicable  to 
all  social  changes.  They  may  be  so  rapid  as  to  be  unreasonable. 
To  insist  that  man  shall  still  be  master  of  and  not  mastered  by 
his  machinery  is  reasonable. 

Unionism  not  Transient.  —  Unionism  is  here  to  stay.  So 
long  as  our  industrial  organization  remains  on  its  non-socialist 
foundation  and  wealth  continues  to  be  distributed  among  the 
factors  of  production  on  the  basis  of  competitive  forces  unionism 
cannot  be  eliminated.  There  must  also  remain  a  fundamental 
opposition  between  employer  and  employee.  The  interests 
are  divergent,  if  not  opposite.  Wages,  interest  and  profit  lie 
in  the  hands  of  the  employer,  as  the  enterpriser,  as  an  undivided 
sum  and  there  are  laborers,  capitalists  and  employers  to  be 
satisfied.  Bargaining  is  the  instrument  by  which  the  division 
is  made.  It  cannot  be  eliminated.  It  is  the  explanation  of 
all  that  the  employer  does,  whether  of  a  selfish  or  an  unselfish 
character.  So  it  prompts  all  that  the  laborers  do,  whether  the 
deeds  meet  with  moral  approbation  or  not.  Reconciliation  be- 
tween "capital  and  labor"  is  a  dream  that  often  visualizes  itself 
to  the  idealist.  It  is  but  a  dream.  Fundamentally,  bargaining 
must  continue.  It  may  be  accompanied  by  methods  that  should 
be  denounced.  It  may  become  so  one-sided  as  to  lose  its  real 
character  and  become  arbitrary  dictation  by  one  side  to  the 
other.  It  should  by  all  means  be  regulated.  All  commercial 
bargaining  is  regulated.  Wage  bargaining  must  also  be  subject 
to  regulation. 

As  developments  now  indicate,  the  equality  will  be  preserved 
by  strong  organization  on  both  sides.  Such  strength  should 
inspire  respect  and  that  again  should  become  a  very  substantial 
guarantee  of  industrial  peace.  As  the  rivalry  will  not  pass 
with  the  continuance  of  strikeless  industry,  the  existence  of 


486    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

unions  will  continue  to  be  of  great  importance.  With  their 
increasing  importance  will  come  their  more  careful  study  and 
their  better  understanding.  Such  study  must  become  more 
deliberate,  more  scientific  and  less  passionate.  "  Trade  unionism 
and  industrial  warfare,"  declares  Professor  Hoxie,  "  are  mat- 
ters of  fact.  They  are  so  in  the  same  sense  that  institutions, 
animal  and  plant  species,  and  physical  conditions-are  matters 
of  fact.  As  such  they  are  the  outcome  of  sufficient  causation, 
and  the  problems  connected  with  them,  like  all  other  problems 
of  a  scientific  nature,  are  to  be  solved,  if  at  all,  not  through 
passion  and  sentiment  and  guessing,  but  through  a  study  of 
the  causes  which  produce  them.  In  short,  if  we  are  to  solve 
the  problems  raised  by  trade-unionism,  we  must  proceed  in  a 
scientific  spirit.  We  must  put  aside  passion  and  prejudice, 
and  look  at  these  industrial  troubles  as  matters  of  fact.  Calmly 
and  dispassionately  we  must  search  for  their  underlying 
causes." 

Such  an  attitude  of  study  may  some  day  realize  for  us  the 
picture  sketched  in  the  report  of  the  Commission  on  Industrial 
Relations.  "The  ideal  day  in  the  industrial  world  will  be 
reached  when  all  labor  disputes  will  be  settled  as  a  result  of 
reason  and  not  as  a  result  of  force.  This  ideal  day  can  be  has- 
tened if  the  employers,  on  the  one  hand,  will  earnestly  strive 
to  place  themselves  in  the  position  of  the  worker  and  look  at 
the  conditions  not  only  through  the  eye  of  the  employer  but 
through  the  eye  of  the  worker;  and  if  the  worker  will  strive  to 
place  himself  in  the  position  of  the  employer  and  look  at  the 
conditions  not  only  through  the  eye  of  the  worker  but  through 
the  eye  of  the  employer." 

The  Future :  Unskilled  Labor.  —  It  has  been  a  difficult  task 
to  discuss  unionism  as  it  appears.  Not  only  does  it  have  a  differ- 
ent appearance  from  each  angle  of  vision.  It  is  constantly 
changing  in  ideal,  in  purposes,  in  form  of  organization  and  in 
methods.  Just  now  a  far-reaching  change  is  being  made.  Trade 
unionism  is  giving  way  to  labor  unionism,  in  the  sense  that  the 
unskilled  are  coming  in  much  larger  numbers  into  the  movement. 
The  more  aristocratic  trade  union  with  its  membership  of 
highly  skilled  artisans  is  losing  its  influence  in  the  wider  field. 
Many  of  these  have  altered  the  conditions  of  membership, 
taking  in  the  less  skilled  of  the  same  general  line  of  work  and 


UNIONISM  487 

also  the  "helpers"  and  the  "hands."  This  policy  has  some- 
what restored  the  lost  prestige.  In  the  general  field  a  three 
hundred  per  cent  gain  in  membership  among  the  unskilled 
workers  against  a  fifty  per  cent  gain  among  the  skilled  shows 
clearly  the  tendencies.  Such  a  condition  rapidly  developing 
indicates  the  nature  of  future  changes  in  unionism.  It  is  very 
true  that  "the  key  to  the  new  unionism  is  the  new  importance 
of  unskilled  labor."  The  tendencies  in  the  direction  of  indus- 
trial unionism,  of  political  activity  and  socialism,  and  of  revolu- 
tionary industrial  unionism  have  been  somewhat  fully  discussed 
in  former  chapters.  These  present  large  elements  of  the  un- 
known. 

Opportunism  Versus  Idealism.  —  Whether  or  not  the  Amer- 
ican Federation  of  Labor  will  succeed  in  maintaining  all  of  the 
distinctive  differences  between  itself  and  the  Knights  of  Labor 
is  not  quite  certain.  Tendencies  toward  the  spirit  of  the  Knights 
is  manifest  in  the  industrial  form  of  organization.  Though 
at  present  the  Federation  has  quite  completely  routed  its  early 
rival,  this  must  not  be  taken  as  final.  There  is  a  broader  view 
than  simply  the  present  or  past  relation  of  these  two  bodies. 
Various  phases  of  organization  have  been  emphasized  in  the 
past  at  different  times.  There  was  an  element  of  idealism  in 
the  Knights  that  strongly  appeals  to  many  of  the  laboring 
class  even  to-day.  It  may  be  doubted  if  the  Federation  places 
sufficient  emphasis  upon  this.  The  more  self-centered  attitude 
of  the  skilled  trade  unions  has  of  necessity  emphasized  the 
practical.  It  may  have  been  over-emphasized.  The  ideal  and 
practical  are  difficult  to  combine  effectively.  If  in  the  past 
the  Federation  has  placed  strong  emphasis  upon  the  latter, 
the  results  appear  to  justify  the  course.  It  appears  that  there 
is  a  present  danger  of  over-emphasis.  Such  a  course  will  give 
cause  for  a  revival  of  the  spirit  of  the  Knights  of  Labor,  either 
through  that  organization  or  through  another.  Experience 
would  indicate  that  the  change  will  come  through  a  modification 
of  the  American  Federation  itself. 

Turbulent  Elements.  —  One  source  of  danger  lies  very  near 
the  surface  in  the  newer  unionism.  The  unskilled  are  more 
turbulent  in  nature,  and  less  inclined  to  secure  their  demands 
by  degrees.  Their  intensely  democratic  spirit  opens  the  way 
to  influence  for  the  more  reckless  aspirants  to  leadership.    Un- 


488    AN  INTRODUCTION  TO  STUDY  OF  ORGANIZED  LABOR 

less  the  lines  of  control  can  be  kept  in  the  hands  of  those  who 
have  experience  and  see  steadily  the  importance  of  law  and 
order,  there  is  a  possibility,  if  not  a  probability,  that  there  will 
be  a  renewal  of  turbulence  and  irresponsible  activity  wherever 
the  newer  elements  dominate.  The  balance  against  such  a 
development  lies  in  the  real  ability  and  practical  qualities  of 
leadership  possessed  by  the  men  in  office  and  in  other  positions 
of  trust  to-day.  It  also  appears  in  the  extent  to  which  the  ad- 
vantages of  collective  bargain  and  trade  agreement  have  been 
made  clear  to  a  large  group  of  employers.  Wherever  the  more 
turbulent  elements  in  the  unions  appear,  the  employers  throw 
their  influence  with  the  conservative  union  leaders.  This  sit- 
uation has  strong  possibilities  for  steadiness  and  restraint  upon 
all  union  activity. 

Unionism  Must  Find  Itself.  —  Unionism  will  not  reach  a 
position  in  which  it  can  command  the  general  approval  that 
it  desires  until  it  has  secured  a  strong  control  over  itself.  Tur- 
bulence will  have  to  be  controlled  from  within  the  organization, 
if  it  is  to  be  satisfactorily  controlled.  The  investigations  into 
the  lawlessness  of  the  anthracite  coal  strike  led  the  commission 
to  embody  in  its  report  a  very  clear  statement  of  the  situation, 
not  only  as  it  existed  then  but  as  it  will  always  tend  to  exist 
under  present  conditions. 

"As  has  been  said,  the  idle  and  vicious,  who  are  in  no  way 
connected  with  the  purpose  or  object  of  the  strike,  often  unite 
with  the  less  orderly  of  the  strikers  themselves  in  creating  the 
deplorable  scenes  of  violence  and  terror  which  have  all  too  often 
characterized  the  otherwise  laudable  efforts  of  organized  labor 
to  improve  its  conditions.  Surely  this  tendency  to  disorder 
and  violation  of  law  imposes  upon  the  organization  which 
begins  and  conducts  a  movement  of  such  importance  a  grave 
responsibility.  It  has,  by  its  voluntary  act,  created  dangers 
and  should,  therefore,  be  vigilant  in  averting  them.  It  has, 
by  the  concerted  action  of  many,  aroused  passions  which, 
uncontrolled,  threaten  the  public  peace;  it,  therefore,  owes 
society  the  duty  of  exerting  its  power  to  check  and  confine 
these  passions  within  the  bounds  of  reason  and  of  law.  Such 
organizations  should  be  the  powerful  coadjutors  of  government 
in  maintaining  the  peace  and  upholding  the  law.  Only  so  can 
they  deserve  and  attain  the  respect  due  to  good  citizenship, 


UNIONISM  489 

and  only  so  can  they  accomplish  the  beneficent  ends  which  for 
the  most  part  they  were  created  to  attain." 

These  lessons  unions  must  learn.  Agitation  and  even  strikes 
are  justifiable  both  legally  and  morally.  Disorder,  violence, 
lawlessness  in  any  form  has  no  justification  either  in  law  or  in 
morals.  So  long  as  laborers  feel  that  there  is  injustice  they 
must  join  the  movement  that  unionism  embodies.  There  is 
the  moral  responsibility  resting  upon  them.  The  movement 
cannot  be  carried  on  effectively  without  the  organization  that 
such  combination  implies,  and  organized  agitation  is  the  only 
effective  form  of  agitation  in  these  days.  "People  talk  about 
agitators,  but  the  only  real  agitator,"  it  is  said,  "is  injustice: 
and  the  only  way  is  to  correct  the  injustice  and  withdraw  the 
agitation."  This  spirit  reveals  one  side.  The  other  is  found 
in  the  equally  impressive  statement  that  "a  labor  or  other 
organization,  whose  purpose  can  only  be  accomplished  by  the 
violation  of  law  and  order  of  society,  has  no  right  to  exist." 

The  sooner  the  trade-unionism  of  to-day  finds  itself,  be- 
comes its  own  master,  the  sooner  it  will  be  in  position  to  reap 
the  benefits  of  its  existence.  It  will  then  need  fewer  friends 
to  champion  it  before  the  community.  It  will  have  fewer 
enemies  to  oppose  its  legitimate  purposes.  The  future  of 
unionism  lies  in  its  own  hands. 


INDEX 


Adams,  T.  S.,  190. 
Addams,  Jane,  483. 
American  Federation  of  Labor,  82- 
99. 

origin,  82. 

form,  83. 

character,  92. 

policy,  96. 

and  women  unionists,  142. 
Anti-Boycott  Association,  246. 
Apprentices,  319. 
Arbitration,  204-238. 

definition,  204. 

compulsory,  212. 

State  legislation,  217.  . 

Federal  legislation,  224. 

Secretary  of  Labor,  233. 

public  opinion,  234. 

private  agencies,  235. 
Attack  strike,  162. 

Background,  1. 

Background  in  England,  3-18. 

in  America,  19-44. 
Barnett,  Professor,  103,  104. 
Benefits,  329-340. 

management,  332. 

insurance,  335. 

newer  phases  of,  337. 

defects  of,  338. 
Boycott,  239-266. 

definition,  240. 

condemnation  of,  246. 

approval  of,  248. 

property  right,  254. 

early  experiences,  257. 

legal  status,  263. 
Boycott  and  strike,  243. 
Buck  Stove  and  Range  case,  262. 

Calkers'  Club,  22. 
Capitalist  production,  59. 


Carlton,  Professor,  37. 
City  centrals,  95. 
Clark,  Professor  J.  B.,  52. 
Closed  Shop,  267-300, 460. 

definition,  268. 

employers'  view,  272. 

laborers'  view,  275. 

suspicion,  276. 

unionists'  defense,  279. 

conflicting  principles,  283. 

legality,  286. 

iron  and  steel  industry,  291. 

preferential  union  shop,  293. 
Clothing  industry,  236,  310. 
Collective  Bargaining,  157,  458,  460. 

labor  legislation  vs.,  376-387. 
Commons,  Professor,  20,  24,  25,  28, 

80,  271. 
Conciliation,  205. 
Conspiracy,  37-44. 

early  development,  37. 

New  York  State,  39. 

theory  of,  40. 

practical  application,  41. 

definition,  42. 
Convention,  The  trade  union,  101. 
Cordwainers'  society,  20. 
Corporate  organization,  63. 

Defense  strike,  162. 
De  Tocqueville,  26. 
Direct    action     (see    Revolutionary 

unionism) . 
Dividends,  Maintenance  of,  63. 

Eliot,  President  Emeritus,  462,  467. 

Ely,  Professor,  22,  80. 

Employer,  Early  advantage  of,  14. 

attitude    toward    union    women, 
147. 

wage  theory  of,  54. 
Employers'  associations,  64-70. 


491 


492 


INDEX 


Employers'   associations,  early  de- 
velopment, 65. 

characteristic  form,  67. 

purpose,  68. 
English  influence  in  America,  19. 
Entrepreneur  regime,  60. 
Exchange  theory  of  wages,  53. 
Executive  officers,  105,  108. 

General    strike    (see    Revolutionary 

unionism). 
Gibbons,  6. 
Greeley,  Horace,  24. 
Guilds,  8. 

Haney,  Professor,  49. 

Hatters'  boycott,  262. 

Hoxie,  Professor,  475,  482,  486. 

Illegal  period,  13. 
Industrialism,  Modern,  58-70. 
Industrial  change,  Rate  of,  61. 
Industrial  Revolution,  7. 
Industrial  Unionism,  408-425. 

types  of,  409. 

reasons  favorable  to,  412. 

American    Federation   of   Labor, 

4i3- 
Industrial  Workers  of  the  World  and 

women  unionists,  147. 
(See  also  Revolutionary  unionism.) 
Inventions,  Influence  of,  12. 

Jurisdiction,  391-407. 
territorial,  391. 
trade,  393. 
confusion,  394. 
amalgamation,  400. 
American   Federation   of  Labor, 
402. 

Knights  of  Labor,  73-81. 
origin,  74. 
form,  76. 
spirit,  77. 
decline,  80. 
and  women,  141. 

Labor  legislation,  359-366. 
early  phases,  360. 


Labor   legislation,  varied  subjects, 
361. 

extent  of,  362. 

recent  tendencies,  363. 

present  policy,  365. 
Labor  market,  59. 
Laborers'  wage  theory,  55. 
Laidler,  H.  W.,  252. 
Legality  established,  16. 
Legislation,  Early  restrictive,  5. 
Legislation    versus    collective    bar- 
gaining, 376-387. 
Legislation,  (see  also  Labor  legisla- 
tion). 
Legislative  experience,  Early,  376. 
Legislative  methods,  343-358. 

conventions,  Work  of,  344. 

legislators,  Efforts  to  seat,  347. 

legislative  program,  347. 

pledging  candidates,  349. 

legislative  committee,  349. 

legislators'  "records,"  356. 

estimate  of  system,  357. 
Literature,  Labor,  27. 
Local  unions,  in. 

relation  to  nationals,  112. 
Lockout,  definition,  161. 

Martineau,  Harriet,  26. 
Marx,  Karl,  53. 
Mechanics'  Free  Press,  27. 
Mediation,  205. 
Mill,  John  Stuart,  50. 
Mitchell,  John,  83,  107,  189. 

Non-Unionist,  461,  464. 

Open  shop  (see  Closed  shop). 
Organization,  Beginning  of,  7. 

causes  of,  9,  35. 

illegal  period,  13. 

in  America,  21,  27. 
Owen,  Robert,  23,  24,  32. 

Place,  Francis,  17. 
Political  activity,  341. 
Political  labor  party,  367-375. 

attitude  of  A.  F.  of  L.,  369. 

obstacles,  374. 


INDEX 


493 


Preferential  union  shop,  293. 
Prices,  Influence  of,  25. 
Productivity  theory  of  wages,  51. 
Proportions   of    capital  and  labor, 

Changing,  58. 
Protocol,  236, 310. 

Referendum,  116. 

Reform  period  in  America,  23-25. 

moral  awakening,  23. 

communism,  23. 

suffrage,  24. 
Replacement  fund  for  labor,  62. 
Restriction,  Early,  15. 
Restriction    of    membership,    318- 

322. 
Restriction  of  output,  322-328. 

motive,  322. 

facts,  323. 
Revolutionary  industrial  unionism, 
426-452. 

rise  of,  427. 

I.  W.  W.,  Form  of,  430,  445. 

syndicalism,  434. 

general  strike,  436. 

direct  action,  437. 

sabotage,  439. 

effect  on  employer,  447. 

unionist,  447. 

attitude  of  A.  F.  of  L.,  448. 

ideal,  449. 
Ricardo,  David,  49. 
Riis,  Jacob,  326. 

Sabotage  (see  Revolutionary  union- 
ism). 
Seager,  Professor,  53. 
Secrecy,  13,  76. 
Seligman,  Professor,  46. 
Smith,  Adam,  48. 
Socialist  theory,  53. 
Statistics  of  membership,  31. 
Statistics  of  trade  unions,  120-134. 

general  data,  1 20. 

locals,  Number  of,  122. 

variation  in  membership,  124. 

A.  F.  of  L.,  130. 
Statistics  of  women  unionists,  149- 
i55- 


Statistics,  Strike,  166. 

State  federations  of  labor,  93. 

objects,  94. 
Strike,  159-203. 

early,  163. 

definition,  159. 

cause  of,  172. 

results  of,  176. 

violence,  188. 

development  of  law,  195. 

motive,  201. 
Structure  of  unions,  71. 
Suffrage,  24. 

Syndicalism  (see  Revolutionary  un- 
ionism). 

Taussig,  Professor,  49. 
Theories,  Wage,  45-57. 

low  wage,  45. 

wages  fund,  48. 

productivity,  51. 

exchange,  53. 

Employers',  54. 

laborers',  55. 

importance  of,  56. 
Trade  agreements,  301-317. 

experiences  with,  306. 

employers'  attitude,  308. 
Trade  union,  The  American,  100- 
119. 

the  national,  100-111. 
its  parts  and  relations,  100. 
centralization,  in. 

the  local,  111-115. 
policies,  113. 
Trade  union,  The  first,  28. 
Transitional  stages,  389. 

Unionism,  455-489. 
the  ideal,  455. 
collective  bargaining,  458. 
liberty,  464,  468. 
faults  of,  465. 
individualism,  467,  469. 
influence  of  employers  on,  474. 
responsibility  of  employers,  478. 
leadership,  482. 
social  progress,  483. 
the  future,  486. 


494 


INDEX 


Union    men,    Attitude    of,    toward 

women  unionists,  144. 
Union  shop,  269,  314. 
(See  also  Closed  shop.) 

Violence  in  strikes,  188. 

Wage  theories  (see  Theories). 
Wages,  Benefit  of  low,  45. 
Wage  earning  class,  Rise  of,  3. 
money  wage,  4. 


Wages  fund  theory,  48. 

Webb,  Sidney  and  Beatrice,  8,  36, 

464. 
Women  and  unionism,  135-155. 
Women  in  industry,  135. 

early  unionism,  135-139. 
Women's     Trade     Union     League, 

National,  142. 
Working  Man's  Advocate,  27. 
Workingmen's  parties,  29. 


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